Platform Terms of Use

Platform Terms of Use

These Terms of Use are valid for all Subscribers and Visitors

Last updated [1] February 2015

  1. DEFINITIONS

In these conditions, the following words have the following meanings, unless the context requires otherwise:

  1. "Agreement" means the agreement between you and us incorporating these conditions for the provision of the Service, our Privacy Policy, and the registration form displayed and completed online, which form the entire agreement between you and us; in the event of any conflict between the documents, they shall rank in the order of precedence set out above;
  2. "Content" means any File, series of Files or other material posted on the Site, including the content of any messages sent or received using the messaging function, comments on any File or material posted on the Site, comments provided in discussions and similar;
  3. "Default" means any breach of contract, tortious act and/or omission and/or any breach of statutory duty;
  4.  "File" means any, video, music, image, picture, text file, logo or similar graphical representation which a Subscriber and/or Visitor is permitted to view, use, copy or download;
  5. "Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world, together with the right to apply for protection of the same;
  6. Hub” means a resource hub of service providers, advice and resources, including external resources,  and job/event listings from other organisations designed to support the work of small, expanding multi-academy trusts and free schools, as is available via the Site;
  7. "Privacy Policy" means our privacy policy located at  http://www.newschoolsnetwork.org/privacy-policy and which sets out our data protection, usage and privacy policy;
  8. "Profile" means the section posted by a Subscriber containing information about itself and the Subscriber's key personnel;
  9. Purpose” shall have the meaning given in clause 2.1;
  10. "Service" means the service provided via the Site to you including, but not limited to, allowing you to browse the Site, view Profiles, send messages, post business opportunities such as job and event listings, or comment on Content and discussions;
  11. "Site" shall have the meaning given in clause 2.1 and any other URLs which forward to such URL or which we may use to provide the Service from time to time;
  12. "Subscriber" means any person or entity (whether submitting Content (anonymously or otherwise), acting as a referee for a Subscriber or otherwise) whose registration on the Site has been approved and remains valid for the time being and "Subscriptions" "subscribe" shall be construed accordingly;
  13. "Supplier" means any Subscriber to the Site who lists or promotes their products or services via the Hub, including sponsors;
  14. "User" means a Subscriber or a Visitor;
  15. "Visitor" means any person who browses the Site without registering as a Subscriber;
  16. "We/Us" means New Schools Network, registered charity number 1132122 of 8th Floor, Westminster Tower, 3 Albert Embankment, London SE1 7SP and “us”/“our” shall be construed accordingly;
  17. "You" means a User.
  1. ABOUT US/THE SITE
    1. The website hosted at www.newschoolsnetwork.org ("the Site") is operated by us as the Hub in order to assist free schools and small, expanding multi-academy trusts (“the Purpose”).
    2. Full access to the Site is limited to participants in the Hub. The purpose of the Site is to provide Users with a secure platform to:
  • network and connect with one another;
  • learn from one another;
  • find new business opportunities;
  • learn about community activities and events;
  • source information and intelligence; and
  • access services and benefits from Suppliers.
  1. TERM

3.1     This Agreement shall begin on the date you complete the online form to register on the Site. Your registration shall not be deemed to have been accepted by us until you have received a confirmation email. This Agreement shall continue until terminated in accordance with these terms.

  1. CONDITIONS OF CONTRACT
    1. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into and to abide by the terms and conditions of this Agreement.
    2. The terms and conditions of this Agreement shall supersede any prior terms and conditions previously notified to you.
    3. Any use of the Site for purposes other than those set out above is strictly prohibited and a breach of this Agreement.
    4. Only one account can be created on the Site per registered email address.
    5. You accept that the purpose of the Hub is to promote peer-to-peer networking and access to services, resources and opportunities that will support Subscribers to develop. Management of the Hub by us does not represent financial, management or consultancy advice.
    6. Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by us in writing.
    7. You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with this Agreement.
    8. We do not verify the information provided by Subscribers for the purposes of their Profile and participation in the Hub, but reserve the right to monitor and at our option to remove for any reason any information, messages, photographs and/ or other Content posted by you.
    9. We shall have the right to terminate your Subscription in accordance with the terms of this Agreement.
  2. YOUR OBLIGATIONS
    1. You agree not to, and shall not:
      1. disclose your chosen password to any unauthorised person. You agree to notify us of any unauthorised use of your password, account or other breach of security;
      2. leave your browser logged on to the Site without your attendance so that unauthorised persons might be able to access and/or amend your Profile or send messages or make comments without your knowledge;
      3. exit from the Site without properly logging off using the “Sign Out” link;
      4. attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service;
      5. post and/or reproduce in any way any Files or information and/or material which infringes the Intellectual Property Rights of another party;
      6. copy, store, modify, transmit, distribute, broadcast or publish any part of the contents of the Site, save in accordance with this Agreement;
      7. use the Service to initiate the sending of unsolicited advertising or promotional material, including without limitation, junk mail for commercial or non-commercial reasons;
      8. in any way assign, transfer, part with and/or authorise any other person to use your Subscription;
      9. subject to clause 5.3, create derivative works of the Site from another website under your management or control;
      10. copy, modify, reverse engineer/assemble or otherwise attempt to discover or tamper with any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer, any rights related to the coding of the Site or modify the coding in any manner or form;
      11. use modified versions of the coding for the Site, including (without limitation) for the purpose of obtaining unauthorised access to this Site;
      12. access the Site by any means other than through the interface that is provided by the Site for online access, as displayed to the general public or to Subscribers via the dedicated sign in page;
      13. use the Site for your own commercial purposes or commercial gain or in a way which infringes the rights of others;
      14. re-sell, copy or incorporate into any other work all or part of a File in any form without our express written permission, save that you may print or download extracts of the Content for personal use only; and
      15. use a name so as to infringe our rights, or those of any other person (whether in statute or common law), in a corresponding trade mark or name. You acknowledge that we cannot guarantee that any username you request will be available or approved for use.  We reserve the right to require you to select a replacement name and we will suspend our Service to you if, in our sole opinion, there are reasonable grounds for us to believe that your current choice of name is, or is likely to be, in breach of the provisions of this Agreement.

5.2      You are responsible for ensuring that anyone who accesses your account using this information is aware of these Terms of Use, and that they comply with them. You are responsible for all activities under your account details, even in the event you did not agree to, or have any knowledge of, such activities.

  1. You may link to the Site provided you do so in a way that is fair and legal and does not damage our reputation or its members or take advantage of us. In the absence of our express written consent, you may not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists. You must not establish a link from any website that is not owned by you. You must not establish a link from any website containing offensive or otherwise inappropriate Content. The Site may not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to remove linking permission without notice. You agree to remove any links upon our request or on termination of this Agreement.
  1. YOUR PROFILE
    1. You warrant that the information posted in your Profile is truthful, complete and accurate, not misleading and regularly updated by you as and when necessary.
    2. We reserve the right to review your Profile from time to time and to amend and/or delete it if we, in our sole discretion (on reasonable grounds), think that it should be amended and/or deleted.
  2. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
    1. All Intellectual Property Rights in the Service, Site and your Content are owned by us absolutely.    To that extent, you hereby assign to us with full title guarantee all rights in and to any Content.
    2. For the purposes of clause 7.1, you undertake to execute (or procure the execution of) all documents and assignments and do all such things as may be necessary (and as reasonably directed by us) to perfect our title to the Content  and to register (where applicable) ourselves as the owner of any registrable rights.
    3. You will keep confidential and not use, except for purposes contemplated by this Agreement, any information relating to the Service which may be disclosed to you or which you may learn, except where such information is public knowledge or is required to be disclosed by law.
    4. We will use our reasonable endeavours to keep all information you provide to the Site, including your personal details such as your surname, e-mail address confidential and will not disclose such information, except where it is public knowledge, is required to be disclosed by law or as a result of a genuine complaint where disclosure is necessary.
    5. We may use information you supply for the purposes of managing your participation in the Hub and in addition, for monitoring and audit purposes, and to refer you to services of value to you.
    6. We may pass on the information you provide via the Site to Suppliers who may contact you in respect of related services which we believe may be of benefit to you. We may also pass your details to Supplier sponsors in the interests of cost-effective delivery of the service by ourselves or our successors. If you or your employees do not wish your or their details to be passed on, please advise us at website@newschoolsnetwork.org.
    7. Feedback and comments provided by Users about the Hub and Site shall be kept confidential by us, unless required by law or regulation to disclose the same and may be shared on a confidential and anonymous basis with the specific Supplier to which they relate for the purposes of moderation.
    8. Content you upload to the Site is likely to be accessible and seen by other Users.  Whilst these Terms of Use include clauses regarding use of Content on the Site, we cannot guarantee that other users will not make use of your Content for their own purposes. We are not responsible for how other Users use Content on the Site.  Please consider this in deciding whether or not to post Content on the Site. 
    9. We do not accept responsibility for you sharing confidential information with other Users of the Site. It is your responsibility to ensure the necessary confidentiality agreements are in place prior to sharing such information.
  3. ACCURACY OF INFORMATION
    1. Any information contained on the Site, and any other websites relating to the Hub and produced by us, relating to service provision and Suppliers’ details, is provided by the Suppliers. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of such information, products or services.
    2. The pages of the Site are subject to change without notice. Any reliance you place on any such information is therefore strictly at your own risk.
    3. We do not warrant that any of the information and/or Content provided as part of the Service is accurate. It is a condition of our allowing you to access the Site and Service that you accept that we will not be liable for any action you take in reliance on the Content contained therein.
    4. We do not provide any warranty in respect of the Service, results, availability, and/or uninterrupted use of the Service due to technical issues beyond our control. In particular, errors or conflicts in the software or data may not be correctable. 
    5. You are responsible for obtaining access to the Service via the internet. We cannot assume any responsibility for your failure to access the Site or Service from any location or browser. Any access fees incurred in reaching the Site (e.g. dial up charges) and any equipment necessary to access the Service shall be your responsibility. You are also responsible for any fees or expenses incurred in uploading or downloading Files to or from the Site.
  4. UPLOADING CONTENT TO THE SITE
    1. Should you choose to make use of functionality that allows you to upload Content or make contact with other Subscribers on the Site, you must comply with the following provisions.
    2. These provisions apply to any Content uploaded to the Site, including that provided via discussion forums and interactive services. Uploads and other contributions must be accurate and fair, comply with applicable laws and must not:
  • be defamatory, obscene, offensive, discriminatory, hateful or inflammatory or promote violence or illegal activity;
  • be likely to cause annoyance, inconvenience or needless anxiety for any other Users;
  • infringe any copyright or trade mark held by another party;
  • be likely to deceive;
  • be in contradiction of any legal duty owed to a third party;
  • misrepresent your organisation or yourself;
  • imply any representation by us.
    1. You agree to notify us as soon as is practicable in the event you believe any Content contained within your account or provided by others on the Site does not comply with the provisions of this clause in order that we may investigate whether it should be removed from the Site or edited.
  1. USE OF FILES

10.1   Use of the Files and any accompanying materials downloaded from the Site is on condition that you will not add, subtract or in any way alter or edit any File (including, for this purpose, any machine-readable code which may be a part of any File), nor will you make any use whatsoever of any File or any other element of our or any third party’s Intellectual Property Rights (including but not limited to our name, whether used in a URL, metatag, hyperlink or otherwise) other than for the purposes of, and as contemplated by, this Agreement or as may otherwise be specified by us in writing.

11        MESSAGING VIA THE SITE

  1. You are able to send messages to and receive messages from other Users using the messaging functionality on the Site. You are solely responsible for your interactions with other Subscribers and any messages you send via the Site and we accept no liability for the same.
  2. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
  3. We may communicate with you via the messaging functionality on the Site or by email.  

12        POSTING BUSINESS OPPORTUNITIES ON THE SITE

  1. Subscribers may post business opportunities to the Site. These may include details of products and services you provide, or are looking to procure. By posting such opportunities, you grant to us a non-exclusive, worldwide, royalty-free licence to publish the information submitted by you in accordance with these Terms of Use.
  2. We do not verify business opportunity postings by Subscribers and have no responsibility for such postings on the Site.
  3. Whilst we provide the functionality for users to post business opportunities on the Site, we are not the purchaser or seller of these opportunities. Any agreement entered into by a Subscriber relating thereto is the responsibility of that Subscriber. 

 

  1. TERMINATION

13.1    Notwithstanding any other clause of this Agreement, either party may terminate this Agreement at any time, for any reason at its absolute discretion. To close your account, please contact us at website@newschoolsnetwork.org. Termination shall be effective immediately upon our sending an email or letter giving notice of termination to the most recent email address or postal address you have provided to us.

13.2    Termination of this Agreement shall not affect the accrued rights and liabilities of either party.

  1. Following termination, you agree that we may immediately deactivate your account and all related data in your account and/or bar any further access to the Service. You agree that we shall not be liable to you or any third party for any termination of your access to the Service and shall not be liable to remove data, if requested or demanded by any individual or entity, unless required by law.  We shall not be responsible for failure to remove your Profile or any other data supplied by you, once the account becomes inactive for any reason, but shall remove it as soon as reasonably practicable after a written request by you.
  2. We may terminate this Agreement or transfer it to a replacement provider in the event that the Hub is no longer provided by us.
  1. LIMITATION OF LIABILITY
    1. We and our appointed third parties do not accept any responsibility for liability arising from the Subscriber's choice of Supplier identified via the Hub, nor from any aspect of any work that a Supplier agrees to undertake. Any service provided by a Supplier to the Subscriber will be provided subject to the relevant Supplier’s normal terms of business. We shall not, under any circumstances, be liable to you, the Supplier  or any third party for any loss, damage, cost or other liability which occurs as a result of, or in connection with the Supplier’s provision of services to you. 
    2. Comments and other materials posted on the site by us do not constitute advice and are not intended for use without professional advice.
    3. Suppliers are aware that registration of their information on this website will in no way guarantee work and we reserve the right to remove Content on reasonable grounds. Such grounds shall include (but not be limited to) improper or unauthorised use of our branding; misleading registration; and failure to comply with applicable legal or regulatory obligations. In no event shall we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with the removal of Supplier information from the Site.
    4. We cannot be responsible for any Files downloaded or otherwise obtained through use of the Service, which is done at your own discretion and risk. You will solely be responsible for any damage to your computer system stemming from any losses which might result from the downloading of such material.
    5. You shall produce to us written evidence of any claim for which it is alleged that we are liable, together with written details of how any loss was caused by us and the steps you have taken to mitigate your loss before we shall consider any claim by you.
    6. It is possible for other Users and/or third parties to obtain and misuse information about you as a result of your use of the Service. We shall have no liability to you arising out of such misuse, which is beyond our reasonable control.
    7. Through the Site you are able to link to other websites which are not under the control of us. We are not responsible for and have no control over the nature, Content and availability of those sites or for any products (including software) or services provided by third parties advertised, sold or otherwise made available on them. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. In no event shall we be liable for any losses arising from use of services provided by third parties to which links are provided from the Site.
    8. Neither party shall have any liability to the other for any:
      1. consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or Service interruptions);
      2. economic and/or other similar losses; and/ or
      3. special damages and indirect losses.
    9. Each party shall be under a duty to mitigate any loss, damage, costs or expenses that it may suffer.
    10. You must inform us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Service or any information on the Site and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
    11. If you fail to stop the act or acts complained of, we may suspend the Service available to you. If we do so, we will not restore it until we receive an appropriate assurance from you that there will be no further contravention of the terms of this Agreement.
    12. Our aggregate liability to you under and/or arising under this Agreement in respect of any and all claims shall not exceed £1,000.
    13. Nothing in this Agreement shall exclude or limit liability for death or personal injury due to either party’s negligence or fraudulent misrepresentation.
    14. We shall have no liability to you for any delay in performance of the Service and/or any other matters to the extent that such events and/or matters are due to any event outside our reasonable control, including but not limited to an act of God, war, flood, fire, labour dispute, strike, lock-out, riot, civil commotion, malicious damage, explosion, governmental action or any other similar events.
  2. INDEMNITY
    1. You agree to indemnify and keep us indemnified against any and all losses, proceedings, lost profits, damages, awards, expenses and costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by us and arising from and/or relating to your use of the Service, as a result of any Default by you, including any Content you upload to the Site and activity which you engage in as a result of your use of the Site.
  3. GENERAL
    1. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement (i.e. no third party shall have any right to enforce this Agreement), save that any assignee of the rights and obligations set out in this Agreement may do so. We may assign this Agreement to any third party without your consent.
    2. No waiver by us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
    3. This Agreement constitutes the entire agreement between you and us in respect of your use of the Site.  Where you have not expressly consented to these terms by becoming a Subscriber, your use (and continued use) of this Site will constitute your acceptance to them.  If you do not accept any of these terms, please do not use (or cease using) the Site.
    4. If any provision of this Agreement shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
    5. We reserve the right to revise these Terms of Use at any time by amending this page. We therefore recommend that you review this page from time to time to take note of any changes. Your continued use of the Site will constitute your acceptance to any changes made to these Terms of Use prior to such usage.
    6. This Agreement shall be governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
    7. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. If you have any further questions about the use of your information, please contact us at: website@newschoolsnetwork.org.

 

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