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BY USING THE SERVICES THE APPLICANT IS ACCEPTING AND WILL BE BOUND BY THESE CURRENT TERMS AND CONDITIONS WHICH MAY BE UPDATED BY E-SKILLS UK FROM TIME TO TIME
1. Interpretation
In these Terms and Conditions, the following words and phrases shall bear the following meanings: "Agreement" means this application form and these Terms and Conditions. “Applicant " is the organisation whose details appear on the front sheet and has been accredited as a provider of the clubs by accessing the Services. "CC4G", a web based skills programme owned and operated by e-skills UK Sector Skills Council Limited (e-skills UK) and its licensors. “Staffroom” is the e-skills Staffroom, a virtual staffroom in which Teachers, Facilitators and Partners can manage CC4G and BigAmbition activities with their Users. “BigAmbition” is a web-based programme owned and operated by e-skills UK Sector Skills Council Limited (e-skills UK) and its licensors. It includes the Interactive Module, which is learning content, for 14-19 year olds. “Commencement Date” means the date notified by e-skills UK to the Applicant for commencement of the Services. “Notification” means the confirmation of registration and facilitator username and password in writing provided by e-skills UK to the applicant. "Services" means the rights of the Applicant and/or its User(s) to access and use the Site in accordance with these Terms and Conditions. “Site” means the e-skills Staffroom website operated by e-skills UK located at www.e-skills.com/staffroom “User" is any pupil selected and authorised by the Applicant to use the Services, such person(s) being those contemplated by e-skills UK CC4G programme. The term “in writing” means any written communication including letter, fax and email. “The Site’s terms and conditions” shall mean the terms and conditions from time to time posted on the Site regulating the use of the Site.
2. Duration and Termination
Subject to the provisions relating to early termination, the term of this Licence Agreement and therefore the right for the Applicant to use the e-skills Staffroom and the materials contained within, shall continue until the agreed Termination Date of the funding. Thereafter the Licence Agreement shall continue if ongoing funding is provided by either the Applicant or a Third Party organisation. This Agreement shall continue unless and until terminated by e-skills UK or the Applicant by giving not less than thirty days’ written notice to the other party after the Initial period.
e-skills UK may suspend or terminate access to the Services without notice if the Applicant and/or its User(s) commit(s) a breach or default of any term of this Agreement and the Applicant fails to remedy it promptly on receiving notice of it.
The expiry or termination of the Services shall be without prejudice to the accrued rights and obligations of the parties.
3. Provision of and Access to the Services
Subject to the terms of this Agreement and for the duration of this Agreement, e-skills UK shall provide the Applicant and its User(s) with the Services.
The Applicant shall be responsible for appointing one or more persons as the facilitator of the clubs and / or classes and shall provide such person’s details to e-skills UK for approval. The facilitator shall be responsible for the running of the club / class and shall be the Applicant’s point of contact with e-skills UK and Users.
The Applicant shall be responsible for the selection of appropriate Users to participate in the CC4G or BigAmbition Clubs or Classes, run by the Applicant and shall provide e-skills UK details of such Users, if requested. Applicant shall be entitled to substitute any individual User. The Applicant must ensure that the Users have read and understood the Terms and Conditions relevant to their Site before use. Such terms shall be deemed to have been accepted if the recipient accesses the Site and the services.
The Applicant shall have access to the e-skills Staffroom site only, and Users will be able to access either CC4G or the BigAmbition Interactive Module site, dependent on their access permissions, as granted by the Applicant.
Access to CC4G and BigAmbition Interactive Module content is dependent on the status of the Applicant and their organisation. All DCSF-funded schools within England shall have access to CC4G content and the option to select appropriate Users to participate in these Clubs / Classes. Only Applicants from DCSF-funded schools within London and the South East region, or from Gateway 1 schools delivering Diploma in IT, shall have access to BigAmbition interactive module content and the options to select appropriate Users to participate in these Clubs / Classes.
CC4G is designed for students between the ages of 10 and 14. However, students who are between the ages of 9 and 16 will be able to access the site. After this, CC4G students login details will be inactivated and they will no longer be able to access the site. BigAmbition Interactive Module is designed for users between the ages of 14 and 19. Users will be able to access the site at age 13 and will not be able to use it after the age of 19.
e-skills UK shall allocate to the Applicant such identifiers as it thinks fit to enable the Applicant to access the Site and may alter these from time to time upon reasonable notice being given to the Applicant. The Applicant shall ensure that it, in conjunction with its Users and e-skills UK, allocates to each User a unique identifier to allow the User to access the Site. Any identifier is issued for the authorised use of the Applicant or its User(s) only and is not transferable, and shall be kept strictly confidential.
The Applicant agrees to:
* notify e-skills UK of any changes relating to its User(s) as soon as possible. e-skills UK shall not be liable for the inability of Users, who have not been notified to e-skills UK, to access the Services; and
* indemnify e-skills UK against any unauthorised use, in breach of these Terms and Conditions, of such password(s) including its use by a third party.
e-skills UK reserves the right upon reasonable notice to alter the arrangements for access to the Services.
The Applicant is responsible for ensuring that its User(s) whilst in the Club use the Site in accordance with these Terms and Conditions, and those appearing on the Site. The Applicant agrees to indemnify e-skills UK against any direct or indirect loss or damage arising from any third party claim in relation to the abuse of the terms appearing on the Site by its User(s).
The Applicant and its Users (where appropriate) will be responsible for all Internet connection charges and utility charges or related costs.
4. Services
The Applicant in connection with running the Club and / or Class hereby agrees as follows:
* That it shall at all times comply with these Terms and Conditions as may be updated from time to time.
* It will maintain adequate public liability and other relevant insurances.
* It shall provide or procure the use of suitable premises and a sufficient number of compatible PCs for all the Users.
* It shall provide to e-skills UK such reports at such frequency as may be reasonably requested by e-skills UK.
5. Intellectual Property Rights and Licence
All rights title and interest in all intellectual property relating to the design, text, graphics and other material on the Site or any materials provided to the Applicant by e-skills UK and the selection or arrangement thereof are vested in e-skills UK. All rights title and interest in the intellectual property rights relating to the name “Computer Clubs for Girls” and “CC4G” are registered trade marks vested in e-skills UK or trading names used by e-skills UK and all intellectual property rights in such names remain vested in e-skills UK. The Applicant is hereby granted a limited nonexclusive licence for the term of this agreement to use such rights solely for the purpose of procuring the Services from the Site in accordance with the terms of this Licence Agreement.
Save where expressly permitted by this Agreement, the Site content may not be copied, distributed, transferred, sold, reproduced (whether by linking, framing or any other method), licensed, modified, publicised, transmitted, used to create derivative works, incorporated into another website or dealt with in whole or in part by the Applicant or its User(s) in any other way without e-skills UK’s express permission.
Posting or transmitting to or from the Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law, is prohibited.
6. Limitation and Exclusion of Liability
Whilst e-skills UK endeavours to ensure the proper performance of the Services, neither e-skills UK nor its agents or its licensors make any representation or give any warranty, either express or implied, as to the supply of Services. All liability of e-skills UK howsoever arising for such matters is hereby excluded to the fullest extent permitted by law. The availability of the Site may be adversely affected by the Applicant's or its Users computer’s performance and other operational factors beyond e-skills UK or e-skills UK third party provider’s control. It is contemplated that the Services may be interrupted, that they are not error free, and that the content, performance, message and data transmission, response and refresh times and access to and interaction with the Site cannot be guaranteed at all times.
Neither e-skills UK nor its agents nor its licensors shall have any liability whatsoever to the Applicant or its User(s) or any third party, for any direct, indirect or consequential loss or damage cost or expense suffered or incurred, whether arising in tort, contract or otherwise, and whether arising from the negligence of e-skills UK or its employees or agents or licensors and whether asserted against e-skills UK or against the Applicant or its User(s) arising out of the use or supply of the Services.
Notwithstanding the foregoing, none of the exclusions and limitations in this clause is intended to limit any liability for death or personal injury resulting from e-skills UK negligence, or for fraud by e-skills UK.
The Applicant shall indemnify e-skills UK against all costs claims demands or expenses incurred by or made against e-skills UK as a result of any breach by the Applicant and/or its User(s) whilst in the Applicant’s control of these Terms and Conditions.
Whilst all necessary steps will be taken as soon as is reasonably practicable to maintain the continuity of the Services, e-skills UK accepts no liability for suspension, interruption, temporary unavailability or fault occurring in the Services, however so caused.
7. Information you submit to us
Personal information about you which you submit to us will be governed by the terms of our privacy statement which can be accessed from the Site. In relation to all other information you submit you hereby agree and warrant:
* that such material or information is not confidential or proprietary and e-skills UK shall be free to use any such information in any manner for any purpose without charge or liability to you and you agree not to take any action against e-skills UK in relation to the use of such material or information.
* that you own or have unrestricted rights to the material or information submitted to e-skills UK and you shall indemnify and render e-skills UK harmless against any and all claims, suits proceedings, expenses, recoveries and damages including but not limited to court costs and lawyers fees and expenses of any type whatsoever, brought against e-skills UK in connection with infringement of third party rights in respect of the material or information that you submitted.
* to take reasonable steps to ensure that the material or information is free from any known computer viruses, or other contaminates, including but not limited to any code or instructions that may be used to modify damage disable or compromise the security of the Site, or e-skills UK' computer systems or networks.
8. Assignment
The Applicant may not assign the benefit or burden of this Agreement or any part thereof without the written permission of e-skills UK.
e-skills UK may assign the benefit or burden of this Agreement or any part thereof to SEEDA or any third party without the written permission of the Applicant.
9. Access and use of the Site
For the purposes of running the CC4G clubs and use of the Site the following expressions shall have the following meanings and rights and facilities on the Site:
* School – means a school or college which have pupils who are eligible to join a CC4G or BigAmbition club or class, and such school, once registered, may be a facilitator of many clubs or classes consisting of users being pupils from that school or class.
* Partner – means a partner entity being all other types of organisations that interact with CC4G. Partners can run CC4G clubs as Facilitators. Users being pupils from a school can be registered within a partner organisation, but are normally associated with a particular school.
* Club - the term club is used to describe a grouping of Users, using the application outside of school hours. Each club is operated by an Applicant being either a School or Partner through their designated Teacher or Facilitator and belongs to a school. A Club is an extra curricular computer club or Class taking place in a school or a virtual environment.
* Class - the term class is used to describe a grouping of Users using the application within the School’s curriculum time. Each Class is run by the School through its Teacher or Facilitator.
* Group - a group describes a collection of Clubs. Groups are freeform and can encompass any Clubs or Classes from any school. The Facilitator who created the Group shall have admin rights over that Group but not over any of the pupils or Users from clubs outside of that Group. Users in the same Group are able to communicate with each other via the Site and special Group area on the Site..
* Community - the term community is used as a collective term for Clubs, Classes and Groups.
* Persons to whom the Site shall be accessible The following people will interact with the web application.
* Public users - users who have not previously registered and are viewing the website to gather information.
* e-Skills Admin - Staff from e-skills shall have access to the site to manage content, moderate user generated uploads and view the reporting facilities: e-skills does not control the content posted or uploaded by Users via any area of the Site and therefore does not guarantee the accuracy, integrity or quality of the content nor agrees or endorses any views, comments or opinions expressed in any content. e-skills Admin shall have the right but not the obligation to monitor and screen any content that is uploaded.
* Teacher/ Facilitator – Teachers and Facilitators shall only access the Site through the Staffroom. They have responsibility for creating and managing clubs, their users (pupils) and their pupils’ output. Facilitators can also access and create learning journeys and upload specific material relating to their users to the virtual library but if they do they shall ensure that they fully comply in all respect with the Site’s terms and conditions and have obtained all necessary consents from the originator or owner of such material to do so and to grant such rights to e-skills as set out in the Site’s terms and conditions.
* Pupil – will be the main User type of the CC4G and BigAmbition Interactive Module systems. The Site will allow Pupils to complete pre-defined journeys (for example in one of three different contexts; class, club or personal) and create their own learning journeys (for personal use). Pupils can submit learning journeys to their Facilitator for moderation and placement in the virtual library subject to complying with the Site’s terms and conditions.
* Partners –shall only access the Site through the Staffroom and they will be able to see details of all communities within schools with which they associate themselves. Partners can set up and run their own Clubs. Pupil data will only be visible to Partners if Pupils are directly registered within one of their Clubs. Individual pupil data is not visible to Partners within Schools with which they are associated.
11. Teacher’s forum
The website shall allow for a forum to be set up by Facilitators / partners who can post comments and discussions in their own dedicated forum, that pupils will be unable to access. Facilitators and Partners must at all times comply with the Site’s terms and conditions in relation to their forums. Note all information uploaded onto the forum should comply with the provisions below relating to online conduct. It should be noted that although Users doe not have direct access to the forum if any material uploaded refers to an individual that individual has the right to receive a copy of such material pursuant to Data Protection legislation and the Applicant agrees to indemnify e-skills UK against any losses or liability it may suffer as a result of a breach of the online conduct.
12. Uploading and sharing content
Teachers/ Facilitators and Partners can all upload learning content to the virtual library part of the Site subject to the Sites terms and conditions. The Library shall be accessible by Users and Pupils and will be moderated by Users. Pupils shall not be allowed to upload their own material directly and must go through a Facilitator to do so.
12.1 Online Conduct
The Applicant agrees to comply with the following provisions and agrees to procure that its facilitators and teachers and third party to which it allows access to the Site complies in all respects with the following provisions: that the Applicant, facilitators, teachers and third parties will not use any part of the Site to:
* upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene or pornographic, libellous, invasive of another's privacy or confidentiality, hateful, or racially, ethnically or otherwise objectionable;
* harm minors in any way;
* impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
* 'stalk' or otherwise harass another;
* collect or store personal data about other users;
* upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
* upload, post or e-mail any content that infringes any intellectual property rights of any party;
* upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', or any other form of solicitation;
* upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
* disrupt the normal flow of dialogue, cause a screen to 'scroll' faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; or
* violate any applicable national or international laws or regulations.
The Applicant acknowledges that e-skills UK does not pre-screen content but that e-skills UK shall have the right (though not the obligation) in its sole discretion to move, modify or remove any content that is available on or via any area of the Site generally. If any information or matter has been posted in breach of the above and consists of illegal material then e-skills UK reserves the right and the Applicant agrees that e-skills UK may in its absolute discretion without seeking the Applicant’s prior approval to refer such matter to the relevant authorities or to the third party to which the material or information may relate and e-skills UK may reveal the Applicant, facilitator, teacher or relevant third party’s personal information to such persons to take what ever action they think best.
If the Applicant witness breaches of the above rules by any other user in the chat areas or anywhere else on this website, or if the Applicant is the subject or victim of any such breach, please notify e-skills immediately.
Key Rules
When posting reviews on sections of this website, or inputting information, remember to abide by the following set of key rules:
* Be respectful of other people; * Do not incite hatred; * Do not breach any of the rules referred to above; * Do not post your personal information (such as your address, e-mail or telephone number); * Do not advertise; * Do not be party political as this website is about career building and party political comments are not allowed to be published on it; * Be concise
If the Applicant or any person permitted by the Applicant as aforesaid are found to be in breach of the above rules then e-skills UK reserves the right to remove such comments and to suspend the Applicant user account. Under no circumstances will e-skills UK be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the Applicant and its permitted users use of any content. The Applicant agrees that the Applicant and its permitted users must evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. The Applicant also understand that by using the chat areas or uploading materials and allowing others to view and comment on the material or by using other areas of the Site, the Applicant and its permitted users may be exposed to content that is offensive, indecent or objectionable or may receive unfavourable comments. Please immediately advise e-skills if you come across such matters.
13. Groups
The Site will allow for the creation of Groups. A Group can be created by any Facilitator or Teacher who may invite other Clubs / Classes to join the Group with the view to encourage participation and sharing. The Site will allow each group to set up and run its own forum wall to allow members of the Group to communicate. Group wall moderation will be shared by all the Facilitators of each Club / Class that is part of that Group.
The Facilitator who initially created the Group has full control over it (Group Owner). Clubs /Classes may be invited to join a group by the Group Owner. The Group Owner has the ability to remove Clubs / Classes from the Group at any time or to dispand the Group. A message will be sent via the Site’s internal message board to inform the relevant club / class facilitator that the group has been removed.
14. Internal private messaging
The Site shall allow for Internal private messaging being messages sent between teachers/ Facilitators and Users.
15. Transition
The Site will allow Facilitators and Partners to request to transfer the Users from their Club run by their School or organisation to another Club run by another School or organisation (for example, for pupils transitioning from primary to secondary school). In this instance the Club Facilitator at the recipient organisation will receive an online alert, notifying them of a list of members wishing to transfer to their organisation. If the Facilitator of the recipient organization accepts these profiles, the personal information of Users being transferred will be visible to both sender and receiver. The sending organisation shall be solely responsible for ensuring that it has the consent of all the Users that they have allowed the transfer of their data in this manner prior to the transfer request being made and e-skills shall be at liberty to transfer such data without make further enquiries.
16. Commenting on other users work
Once a User has completed a topic or piece of work or learning project as part of CC4G or BigAmbition Interactive Module, they shall be given the ability to upload it onto the Site and either make it visible to the rest of their Class/ Club or choose to keep it private. If they make it public, other Users shall have the ability to comment on it and the comments shall be available for all the Users to see. It shall be the responsibility of the teachers/ facilitators to moderate the Comments.
17. Facilities on the Site
E-skills shall use its reasonable endeavours to provide the Site’s facilities and functionality referred to in clauses 8 to 15 but can not guarantee its availability and such matters shall be subject to clause 6 above.
18. General
e-skills UK shall be under no liability for any failure, delay or omission on its part if the same arises from any cause beyond e-skills UK’s reasonable control including (but not limited to) Acts of God, acts or regulations of government or other authorities, war, fire, strikes or other industrial disputes, power failure, failure of telecommunication lines connections or equipment or failure or defects in any hardware or software.
Any notice to be given to either party by the other shall be in writing and delivered by hand or pre-paid post to the parties at the addresses notified by the parties to each other for this purpose.
These Terms and Conditions shall be construed in accordance with the Laws of England and shall be subject to the non-exclusive jurisdiction of the English courts.
This Agreement shall form the entire agreement between the parties and supersede all prior Terms and Conditions, arrangements or understandings about their subject matter, unless otherwise agreed in writing by the parties.
e-skills UK may vary or amend the above Terms and Conditions by giving the Applicant written notice thereof at any time and such terms shall be deemed to have been varied and accepted if the recipient continues to access the Site and the services after receipt of the varied terms.
19. Indemnity
You agree to indemnify and hold e-skills and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) and all costs and expenses incurred by e-skills arising from any third party claim in relation to any content you upload, post or e-mail on or through our chat areas or our site, your use of the chat areas and any part of the website, or your breach of the provisions of these rules.
