THIS POLICY WAS UPDATED ON 11 DECEMBER 2015.
TERMS AND CONDITIONS
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means any online communications infrastructure that We make available through Our Site either now or in the future. This may include, but is not limited to, contact forms, email, live chat and forums; and
means Terry Freedman Ltd, a company registered in England under 05145850, whose registered address is:
2. Information About Us
Our Site, http://www.ictineducation.org, is owned and operated by Terry Freedman Ltd, a limited company registered in England under 05145850, whose registered address is Priestley House, Priestley Gardens, Chadwell Heath, Essex, RM6 4SN
3. Access to Our Site
3.1 Access to Our Site is free of charge. No part of Our Site requires payment of any kind in order to access or use it.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights
4.1 All content included on Our Site (including all user-facing material such as text and images, and all underlying content such as code, software and databases) and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All content is protected by applicable United Kingdom and international intellectual property laws and treaties.
4.2 For personal use (including research and private study) only, you may:
4.2.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
4.2.2 Download Our Site (or any part of it) for caching;
4.2.3 Print pages from Our Site;
4.2.4 Download, copy, clip, print, or otherwise save extracts from pages on Our Site; and
4.2.5 Save pages from Our Site for later and/or offline viewing.
4.3 You may not use any content downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. [This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers].
4.4 You may not systematically copy content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
4.5 Subject to sub-Clauses 4.2 and 4.7 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content or any other material from Our Site unless given express written permission to do so by Us.
4.6 Our status as the owner and author of the content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
4.7 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
5. Links to Our Site
5.1 You may link to Our Site provided that:
5.1.1 You do so in a fair and legal manner;
5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
5.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
5.2 You may link to any page of Our Site provided you comply with the remainder of this Clause 5.
5.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at terry[at]terry-freedman.org.uk for further information.
5.4 You may not link to Our Site from any other site the content of which contains material that:
5.4.1 Is sexually explicit;
5.4.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.4.3 Promotes violence;
5.4.4 Promotes or assists in any form of unlawful activity;
5.4.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
5.4.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.4.7 Is calculated or is otherwise likely to deceive another person;
5.4.8 Is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
5.4.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
5.4.10 Implies any form of affiliation with Us where none exists;
5.4.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
5.4.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.5 Please note that the content criteria described under sub-Clause 5.4 apply only to content over which the owner and/or operator of the site in question has direct control. You will not, therefore, be in breach of these Terms and Conditions if, for example, other users of a site on which you establish a link to Our Site post content such as comments that violate the above criteria.
6. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
7. Use of Our System
7.1 You may use Our System at any time to contact Us, provided you abide by the following rules. You must not:
7.1.1 Communicate in a way that is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.1.2 Submit information that promotes violence;
7.1.3 Submit information that promotes or assists in any form of unlawful activity;
7.1.4 Submit information that discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
7.1.5 Submit information that is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.1.6 Submit information that is calculated or is otherwise likely to deceive;
7.1.7 Submit information that is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.1.8 Misleadingly impersonate any person or otherwise misrepresent your identity or affiliation in a way that is calculated to deceive;
7.1.9 Imply any form of affiliation with Us where none exists;
7.1.10 Infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
7.1.11 Submit information in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.2 We may monitor any and all communications made using Our System.
7.3 Any information that you send to Us through Our System may be modified by Us and, by sending us such information, you waive your moral right to be identified as the author of that information.
7.4 Any personal information sent to Us, whether through Our System or otherwise, will be collected, used and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 13.
8. Disclaimers and Legal Rights
8.1 The content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to educational ICT and Computing and related fields.
8.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
8.3 We make reasonable efforts to ensure that the content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date.
9. Our Liability
9.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any content included on Our Site.
9.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any content included on Our Site.
9.3 Our Site is intended for non-commercial use only. If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 8.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any content from it) or any other site referred to on Our Site.
9.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Viruses, Malware and Security
10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware, by having it hosted by Squarespace, a third party platform.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
11. Acceptable Usage Policy
11.1 You may only use Our Site in a manner that is lawful. Specifically:
11.1.1 You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
11.1.2 You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
11.1.3 You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
11.1.4 You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
11.2.1 Suspend, whether temporarily or permanently, your right to access Our Site;
11.2.2 Issue you with a written warning;
11.2.3 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
11.2.4 Take further legal action against you as appropriate;
11.2.5 Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
11.2.6 Any other actions which We deem reasonably appropriate (and lawful).
11.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
12. Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from http://www.ictineducation.org/cookies/ and http://www.ictineducation.org/privacy. These policies are incorporated into these Terms and Conditions by this reference.
13. Data Protection
13.1 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. Please note, however, that Squarespace, who hosts this website, is based in the USA. Details of the data it collects may be found here: http://www.squarespace.com/privacy/ and here: https://support.squarespace.com/hc/en-us/articles/205814168.
13.2 We may use your personal information to:
13.2.1 Reply to any communications you send to Us;
13.2.2 Send you important notices, as detailed in Clause 14;]
13.2.3 Send you newsletters that you have signed up to, and for which we use a double opt-in system..
13.3 We will not pass on your personal information to any third parties without first obtaining your express permission to do so.
14. Communications from Us
14.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
14.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link.
14.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at terry[at]terry-freedman.org.uk or via http://www.ictineducation.org/contact/.
15. Changes to these Terms and Conditions
15.1 We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
15.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
16. Contacting Us
To contact Us, please email Us at terry[at]terry-freedman.org.uk or using any of the methods provided on Our contact page at http://www.ictineducation.org/contact/.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
+44 (0) 1934 811132+44 (0) 1934 811132
13 Haltonchesters, Bancroft, Milton Keynes
means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;
“Terry Freedman Ltd”
Terry Freedman Ltd
45 Douglas Road
Phone, fax and voice mail:
+44 (0) 191 645 1046+44 (0) 191 645 1046 (fax by arrangement)
Company number: 5145850
means Content accessible only upon the creation of an Account and the payment of a Subscription Fee;
means collectively any online facilities, tools, services or information that Terry Freedman Ltd makes available through the Website either now or in the future;
means the sum of money paid by Users at annual intervals to keep their Account active and to enable them to access Paid Content, if such a service is available;
means the period for which a subscription has been purchased and usually refers to one year accordingly;
means any online communications infrastructure that Terry Freedman Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Website and is not employed by Terry Freedman Ltd and acting in the course of their employment; and
means the website that you are currently using (http://www.ictineducation.org) and any sub-domains of this siteunless expressly excluded by their own terms and conditions.
2. Intellectual Property
Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Terry Freedman Ltd, or our affiliates or our hosting company. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
3. Use of Free Content
You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Website for personal or educational purposes only, unless otherwise indicated on the Website or unless given express written permission to do so by Terry Freedman Ltd. Specifically you agree that:
3.1 You will not use the Free Content of the Website for commercial purposes unless given express written permission to do so by Terry Freedman Ltd.
3.2 You will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Terry Freedman Ltd.
3.3 You may, as a student of a recognised Learning Establishment, use the Free Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment.
3.4 Employees of Learning Establishments may use the Free Content of the Website for teaching purposes subject to the following conditions:
3.4.1 no further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and
3.4.2 for use in profit-making Learning Establishments, prior written consent is required. This may include, but is not limited to, private schools charging fees, universities and adult education providers.
4. Use of Paid Content
(Please note that this section is included in case a paid subscription service is provided in the future.)
4.1 Payment of a Subscription Fee grants you a licence to use all Paid Content on the Website for the duration of your subscription. You may use such Content in the following ways:
4.1.1 for personal purposes; or
4.1.2 as a student only, for educational purposes
4.2 Commercial use of Paid Content is not permitted under the terms of a normal subscription. Please contact Terry Freedman Ltd for details of Commercial level subscriptions and the accompanying Terms and Conditions.
4.3 Employees of Learning Establishments are not permitted to use Paid Content for teaching purposes under the terms of a normal subscription. Please contact Terry Freedman Ltd for details of Education level subscriptions and the accompanying Terms and Conditions.
4.4 Under such a licence, you agree that:
4.4.1 you will not use the Paid Content of the Website for commercial purposes unless given express written permission to do so by Terry Freedman Ltd;
4.4.2 you will not systematically copy Paid Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Terry Freedman Ltd; and
4.4.3 you may, as a student of a recognised Learning Establishment, use the Paid Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment.
5.Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
6. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Terry Freedman Ltd or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
7. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://www.ictineducation.orgwithout prior permission, or to specific articles or pages in the free section of the website. Deep linking (i.e. links to specific pages) within the Paid Content area of the site (if such an are is provided) requires the express permission of Terry Freedman Ltd. To find out more please contact us by email at terry[at]terry-freedman.org.uk or by post (see address details above).
8. Use of Communications Facilities
8.1 When using the forums or similar, eg Commenting facilities, and / or any other System on the Website you should do so in accordance with the following rules:
8.1.1 you must not use obscene or vulgar language;
8.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.1.3 you must not submit Content that is intended to promote or incite violence;
8.1.4 it is advised that posts on message boards, chat facilities or similar and communications with Terry Freedman Ltd are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
8.1.5 you must not post links to other websites containing any of the above types of Content;
8.1.7 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental, or sponsored articles or advertisements;
8.1.8 you must not impersonate other people, particularly employees and representatives of Terry Freedman Ltdor our affiliates; and
8.1.9 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”;
8.2 You acknowledge that Terry Freedman Ltd reserves the right to monitor any and all communications made to us or using our System.
Please see section 10.2 also
9.1 In order to access any Paid Content on this Website and to use the forums or similar facilities you may be required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:
9.1.1 all information you submit is accurate and truthful; and
9.1.2 you will keep this information accurate and up-to-date.
a) Your creation of an Account is further affirmation of your representation and warranty.
9.2 Sharing of accounts is not permitted unless expressly authorised in writing by Terry Freedman Ltd. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
9.3 When choosing your Username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
10.1 We should be delighted to receive submissions for publication on the ICT in Education website or in the newsletter Digital Education. However, please remember that you are legally responsible for what you write. That means that if I publish your work, you undertake to indemnify Terry Freedman Ltd against any liability arising from any breach of confidentiality, copyright or other intellectual property right resulting from articles or other materials submitted for publication by you. You further undertake to indemnify Terry Freedman Ltd against all damages, losses, claims and costs (including without limitation all expenses incurred in conducting or defending any proceedings) resulting from materials submitted for publication by you. Also, you must not make statements which could be libellous, obscene, seek to incite racial hatred or otherwise break the laws of the UK. Please note that these points also apply to comments you post on the site.
10.2 You agree, by submitting your contribution, including comments, to grant Terry Freedman Ltd a, royalty-free, non-exclusive right to use the material in the Digital Education newsletter or the ICT in Education website.
10.3 Please note that it is intended to pay for contributions accepted for paid-for services which may be provided in the future. The contract applicable in such cases will contain appropriately modified terms and conditions.
All contributors will be accredited unless they request otherwise, and articles will not be amended without prior consultation with the author, apart from minor grammatical and similar changes.
Terry Freedman owns the copyright and other intellectual property rights in this website, associated websites, and associated newsletters. However, the copyright of the individual contributions to the websites and newsletters remain the property and responsibility of each individual contributor.
(Please note: this section is included in case a paid-for subscription service is provided in the future.)
11.1 Subscription charges commence on the date that you activate your paid subscription. You will be billed on activation and annually thereafter.
11.2 Your first payment will be at the price advertised on the Website. Terry Freedman Ltd reserves the right to change Subscription Fees from time to time and any such changes may affect your subscription rate;
11.2.1 increases in price will be reflected in your subscription on the date of the immediately subsequent renewal; and
11.2.2 decreases in price will be reflected in your subscription on the date of the immediately subsequent renewal.
11.3 If you terminate your subscription or account you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.
If you have subscribed in error you must inform Terry Freedman Ltd within 24 hours of subscribing and must not use the Website or its Content during that time. If any use can be traced to your Account, no refund will be provided.
12.1 Either Terry Freedman Ltd or you may terminate your account and (where relevant) your subscription. If Terry Freedman Ltd terminates your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If Terry Freedman Ltd terminates your account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
12.3 If Terry Freedman Ltd terminates your account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
12.4 If Terry Freedman Ltd terminates your account or subscription, you will cease to have access to Paid Content from the date of termination.
12.5 If you terminate your account or subscription, you will continue to have access to Paid Content for the remainder of your subscription period as per Clause 9.3.
14. Data Collected
Without limitation, any of the following Data may be collected:
14.2 age group;
14.4 job title;
14.6 purchasing power;
14.7 contact information such as email addresses and telephone numbers;
14.8 demographic information such as post code, preferences and interests;
14.9 financial information such as credit / debit card numbers;
14.10 VAT number;
14.11 marketing preference;
14.12 where you heard of us;
14.13 IP address (automatically collected);
14.14 web browser type and version (automatically collected);
14.15 operating system (automatically collected);
14.16 a list of URLS starting with a referring site, your activity on this Website, and the site you exit to (automatically collected); and
14.17 Cookie information (see clause 10 below).
14.18 Other information may be collected through surveys, either through the website or associated newsletters. For example, our newsletter mailing list provider records who opens the newsletter, and what links they click on -- under certain conditions: please see this explanation. Please note that we are interested only in the aggregates, not individual behaviour. That is to say, we are interested in the Open Rate and the Click Through Rate (CTR).
15. Our Use of Data
15.1 Any personal Data you submit will be retained by Terry Freedman Ltd for as long as you use the Services and Systems provided on the Website. Data that you may submit through any communications System that we may provide may be retained for a longer period.
15.2 Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group.
15.3 All personal Data submitted to us by email or the website is stored securely in accordance with the principles of the Data Protection Act 1998.
Terry Freedman Ltd is a registered data controller under the UK’s Data Protection legislation: registration number Z8894247 http://www.esd.informationcommissioner.gov.uk. For more details on security, see clause 9 below. (For your information, we use a 3rd party provider for our subscription services; please see 'Third Party Websites and Services' below.)
15.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
15.4.1 internal record keeping;
15.4.2 improvement of our products / services;
15.4.3 transmission by email of promotional materials that may be of interest to you;
15.4.4contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website.
15.4.5If you have recently submitted your details to Terry Freedman Ltd through one of the avenues mentioned above, or simply through email, and would like to be removed from the list, please send an email to email@example.com. We will remove you from the list and send you an email confirming that we have done so. This does not include your subscriptions to the electronic newsletter or other such services. To unsubscribe from those, please see the instructions in the newsletter or appropriate web page itself.
16. Third Party Websites and Services
Terry Freedman Ltd may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services would not normally have access to certain personal Data provided by Users of this Website. Any Data used by such parties would be used only to the extent required by them to perform the services that Terry Freedman Ltd requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.Please note that the data for the Digital Education newsletter is now handled by Your Mailing List Provider (http://www.ymlp.com). Their privacy and security policy may be viewed here: http://www.yourmailinglistprovider.com/privacy_policy.html. Our book sales are currently handled by Lulu, e-Junkie and Amazon. Please visit those sites to see their privacy policies and terms and conditions.
17. Changes of Business Ownership and Control
17.1 Terry Freedman Ltd may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.
17.2 In the event that any Data submitted by Users will be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will not be given the choice to have your Data deleted or withheld from the new owner or controller.
18. Controlling Access to your Data
18.1 You may request us to restrict our use of the Data you provide, eg for Computers in Classrooms or surveys. This may include the following:
18.1.1 use of Data for direct marketing purposes; and
18.1.2 sharing Data with third parties.
However, please be assured that our policy is to not share personal data with third parties. Even our on-site surveys will usually include a question asking if it is OK to quote you.
19. Your Right to Withhold Information
19.1 You may access most areas of the Website without providing any Data at all. However, to use all Services and Systems available on the Website you may be required to submit Account information or other Data.
20. Accessing your own Data
20.1 You may access your Account at any time to view or amend the Data. You may need to modify or update your Data if your circumstances change. Additional Data as to your marketing preferences may also be stored and you may change this at any time.
20.2 You have the right to ask for a copy of your personal Data on payment of a small fee.
21.1 Data security is of great importance to Terry Freedman Ltd and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.
21.2 Specifically, the membership data for the website is held by Squarespace, and that for our newsletters is held by Your Mailing List Provider. We occasionally download membership data for backup or mailing purposes, and this is held in a passworded file; details of any payment made via the internet are not held by ourselves, but by 3rd parties; details of payments made to us by post are not stored on the internet.
22.1 Terry Freedman Ltd may set and access Cookies on your computer. Cookies that may be placed on your computer are detailed in Schedule 1 to this Policy.
22.2 A Cookie is a small file that resides on your computer’s hard drive and often contains an anonymous unique identifier and is accessible only by the website that placed it there, not any other sites.
22.3 You may delete Cookies, however you may loose any information that enables you to access the Website more quickly.
22.4 You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the Website.
22.5 For information about managing or deleting cookies in various browsers, please go to http://www.aboutcookies.org/.
23. Changes to this Policy
24.1 Terry Freedman Ltd makes no warranty or representation that the Website and its associated newsletters and articles will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
24.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Terry Freedman Ltd makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
24.3 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. For advice specific to your circumstances you should seek the services of an advisor or consultant. (Please contact Terry Freedman Ltd for information about the consultancy service we can provide.) Terry Freedman Ltd cannot be held responsible for any loss or damage arising from the use of this website.
24.4 The information on this Website is not designed with commercial purposes in mind. Terry Freedman Ltd makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
24.5 Whilst every effort has been made to ensure that all descriptions of services available from Terry Freedman Ltd correspond to the actual services available, Terry Freedman Ltd is not responsible for any variations from these descriptions, or any consequential loss, of any kind, arising from using them.
These pages contain general information only. Nothing in these pages constitutes advice. You should consult an advisor or consultant for advice on any specific educational problem or matter.
Terry Freedman Ltd makes no warranties, representations or undertakings about: any of the content of this web site (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content); or any content of any other web site referred to or accessed by hypertext link through this website.
Terry Freedman Ltd does not endorse or approve the content of any 3rd party site, nor will Terry Freedman Ltd have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any 3rd party site infringes any law or the rights of any person or entity).
Please see section 26 also.
25. Availability of the Website
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Terry Freedman Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
26. Limitation of Liability and Indemnity
Limitation of liability
26.1 Terry Freedman Ltd's liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a User’s current subscription. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein, to the maximum extent permitted by law, Terry Freedman Ltd accepts no liability. Users should be aware that they use the Website and its Content at their own risk.
26.2 Nothing in these terms and conditions excludes or restricts Terry Freedman Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Terry Freedman Ltd.
26.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
26.4 You will indemnify and will keep indemnified Terry Freedman Ltd and its data providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:
(1) any breach of these Terms by you; or
(2) your fault, negligence or breach of statutory duty; or
(3) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our suppliers.
27. Purchasing from Terry Freedman Ltd
27.1 When you place an order to purchase a product directly from Terry Freedman Ltd, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you, or which contains the information you require in order to access the product or service you have purchased.
27.2At the moment, we do not sell anything from the website directly from ourselves; our online payments are handled by 3rd parties, such as PayPal, e-Junkie, Lulu or SWREG. You will therefore be taken to the 3rd party’s website in order to complete the transaction. Please see the appropriate website for details of the steps required to conclude the transaction, and how it treats your data. Please note that when purchases are made, except in the case of Lulu, we receive the purchaser's details via email, to which access is password-protected.
27.3 It should be noted that some services, such as SWREG gives all prices in US dollars, and that the exchange rate used by SWREG may not always be exactly the same as the current one. Similarly, because the exchange rate fluctuates, the actual exchange rate may sometimes differ from the one used on our website. For these reasons, the British pound price quoted for a product may be different from the one actually charged by SWREG, and the US dollar price quoted may be different from the one actually charged by PayPal. In all transactions, you will be able to see the actual price before you pay, and will be able to abort the process if you do not wish to purchase at that time.
27.4 We handle offline payments ourselves, if you send us your purchase order and payment direct.
27.5 Postage and packing rates are published on the relevant website as required, so you will be able to know these in advance of placing your order. If you place an order online for a physical product, the delivery charges should be itemised in the purchase order generated.
27.6 Delivery of digital goods and subscriptions is usually instant on completion of the payment process.
Purchase of digital products via cheques and orders sent directly to us
- As soon as we receive the order we will confirm that by email.
- If the order form is accompanied by an official school, local authority or company purchase order, we will email confirmation of receipt followed very quickly by an email containing details necessary to access the product(s) you have ordered, and dispatch an invoice to you within 30 days.
- As soon as the funds have been cleared, we will email details of how to access your purchase.
Please note the following:
- Please see below for details of our refund policy, because we are unable to offer refunds for digital products or subscriptions once they have been delivered.
Purchase of physical products
(This section does not apply to the CD backups offered through SWREG.)
1.We will adopt the same approach as described in the foregoing section, with the obvious difference that the product(s) will be posted to you as appropriate. We will send you an email informing you that we have done so.
2.Please allow up to 28 days for delivery from the date we send you a receipt confirmation email.
Please see below for details of our refund policy
28.Pricing, availability and substitutes
28.1Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Terry Freedman Ltd correspond to the actual Goods, Terry Freedman Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
28.2If the product you ordered is not available, we will advise you accordingly. We will contact you to enquire whether you would like us to refund your money, wait until the goods are in stock or send you a substitute. We will not send you a substitute product unless you specifically order it.
28.3All pricing information on the Website is correct at the time of going online. Terry Freedman Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
29. Local taxes and customs
29.1Please note that if you ordering products from outside the UK you may be subject to local taxes and customs in addition to the purchase price and postage levied by Terry Freedman Ltd.
29.2 Amazon, Payhip, SWREG and e-Junkie automatically levy the appropriate rate of VAT (if applicable) according to the country in which the delivery address is located.
29.3VAT is not currently charged on printed books or booklets.
29.4 We are not registered for VAT
30. Completed contracts
30.1We keep details of completed contracts.
30.2All of our contracts must be completed in the English language.
30.3If you mislay the details of your contract, we can email you the details. In the case of a lost password etc, there are automated processes online to deal with such matters. You may also email us for assistance in such circumstances.
31. Returns policy
31.1At Terry Freedman Ltd we want you to be delighted every time you shop with us. Occasionally though, we realize that you may wish to return items. Please note that this returns policy applies only to physical products purchased from ourselves; see below for digital items.
31.2If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 days to arrange collection and return. Terry Freedman Ltdis not responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
31.3If any Goods purchased have faults when they are delivered, the Purchaser should contact Terry Freedman Ltd within 28 days to arrange collection and return. Terry Freedman Ltd is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
31.4If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.
31.5If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to Terry Freedman Ltd within 10 days and arrange collection and return. Terry Freedman Ltd is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
31.6If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to Terry Freedman Ltd within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Terry Freedman Ltd. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.
31.7If the Purchaser wishes to return Goods to Terry Freedman Ltd for any of the above reasons, please contact us using the details on http://www.ictineducation.org/contact-us/ to make the appropriate arrangements.
31.8Terry Freedman Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
31.9Any use or enjoyment that you may have already had out of the Goods;
31.10Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
31.11The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
31.12Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
31.13Such discretion to be exercised only within the confines of the law.
31.14By law, customers in the European Union also have the right to withdraw from (ie cancel) the purchase of an item within seven working days of the day after the date the item is delivered. Please note that this returns policy applies only to physical products; see below for digital items.
31.15Please note that our refund policy applies to all of our products except for digital items (eg: e-books or a website subscription) where the item has been downloaded. In such cases, a refund will be made only if there has been an error on our part or if the product is technically defective (eg it will not open).
31.16If you have paid for a subscription, you may cancel your subscription at any time. If you do so, you will continue to enjoy access to the appropriate areas of the website and emailed communications right up to the date and time at which the renewal payment would have occurred. Renewal payment will not be taken when the subscription period ends, but we will not refund payment for the time remaining on the current subscription period.
31.17If you order any digital service, you may cancel up to seven days after the day the order was made, or after written confirmation is received. Please note that if you purchase the product over the internet, you will receive confirmation by email virtually immediately. Therefore there will be, in effect, no cooling-off period. In the case of physical products purchased directly from us, the cooling-off period ends seven working days after the day the goods are received.
31.18If you need to return an item it will be at your own expense, unless you were sent the wrong product due to an error on our part.
31.19If you order an item which is not in stock, we will contact you to enquire whether you would like us to refund your money, wait until the goods are in stock or send you a substitute.
32. Prices quoted
32.1The prices quoted on the website remain valid until they are changed, or sometimes until a specific date in the case of a special offer.
32.2If you purchase a product and the price is changed before the transaction has been completed, the price charged will be the one that prevailed at the start of the purchasing process, up to a time limit of 30 days.
33. Cancellation rights
33.1Please see points 2, 3, 4 and 5 under “Refund policy”, above.
33.2Please note that you must inform us in writing – by letter, fax or email – of your decision to cancel.
33.3If you wish to return an item it will be at your own expense, unless you were sent the wrong product due to an error on our part.
33.4Please note that there is no right to cancel once access to a digital product, such as a subscription, has started, or where the service has begun, by agreement, before the end of the cooling-off period.
34.1Please see points 2, 3, 4 and 5 under “Refund policy”, and “Cancellation rights” above.
35.Guaranteesand after-sales service
35.1Should you purchase a subscription or digital product which has a technical fault, we will replace it or resolve, or help you resolve, the issue until you are able to enjoy the product you purchased.
35.2In the case of subscriptions, if the fault is ours (rather than yours) and results in your not having access to the service for a prolonged period of time, we may extend the period of the subscription free of charge at our discretion.
35.3Please note that from time to time the service may be unavailable due to technical reasons, as is the nature of services provided over the internet. We cannot guarantee 100% availability because we ourselves are dependent on other services, and cannot therefore undertake to compensate subscribers for every occasion that the service is not available. We will, however, attempt to minimise such inconvenience. If there is a prolonged period of inaccessibility, we may extend the subscription period free of charge at our discretion.
36.1 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Terry Freedman Ltd.
36.2 Interest will be charged on a daily basis, commercial interest at 8% above the base rate of the Bank of England obtaining at the time. (The rate that applies is the rate in force at the end of the day on which the payment was due.)
37. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
38. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to terry[at]terry-freedman.org.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
40. Law and Jurisdiction
These terms and conditions and the relationship between you and Terry Freedman Ltd shall be governed by and construed in accordance with the Law of England and Wales and Terry Freedman Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales. Please note that although the content of our websites and other publications may be relevant for countries outside the UK, it is primarily aimed at UK users. The company was incorporated in England, UK, and is therefore subject to UK law.
41. Advertising and sponsorship
Note to advertisers and sponsors
Please note that advertisers and sponsors must comply with complies with all legal and regulatory requirements. By submitting an advertisement or other form of sponsorship you agree to these conditions, which, in essence (to use the ASA's terminology), are that advertisements must be legal, decent, honest and truthful. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the site complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue.
Please see http://www.ictineducation.org/advertising-and-statistics/ for our Advertising terms and conditions.
Note to website users
Parts of this website contain advertising and sponsorship. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the site complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue. Terry Freedman Ltd is not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
Schedule 1: Cookies
Since October 2009, this website has been built on a Squarespace platform. To find out what cookies are required by your browser, please see this page: http://manual.squarespace.com/browser-support. If you wish to disable cookies, please see your browser's Help for instructions on how to do so. It involves making changes to the privacy or security settings. The website www.aboutcookies.org provides information about how to do so in a number of browsers.
For more detailed information about the cookies we use, please see Cookies.
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