BACKGROUND:

This agreement applies as between you, the User of this Website and Terry Freedman Ltd, the owner(s) of this Website.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately

1.                  Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:  

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.  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

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.org without 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 requires the express permission of Terry Freedman Ltd.  To find out more please contact us by email at Elaine[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 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;

8.1.6        the means by which you identify yourself must not violate these terms of use or any applicable laws;

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 Ltd or 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.

9.                  Accounts

9.1              In order to access Paid Content on this Website and to use the forums or similar facilities you are 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.              Contributions

10.1          We should be delighted to receive submissions for publication on the ICT in Education website or in the newsletter Computers in Classrooms. 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.

10.2          You agree, by submitting your contribution, to grant Terry Freedman Ltd a, royalty-free, non-exclusive right to use the material in the Computers in Classrooms newsletter or the ICT in Education website.

10.3          Please note that it is intended to pay for contributions accepted for paid-for services such as the Premium Subscription service of the ICT in Education website. 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.

11.              Subscriptions

11.1          Subscription charges commence on the date that you activate your 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 reserve 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.

b)                  For further information on subscriptions and pricing, please visit our Subscriptions information page:

c)                  http://www.terry-freedman.org.uk/db/premiumsub/doc_page27.html.

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.              Termination

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.

13.              Privacy

Use of the Website is also governed by our Privacy Policy, which is detailed in sections 14 to 22 below.

14.              Data Collected

Without limitation, any of the following Data may be collected:

14.1          name;

14.2          age group;

14.3          gender;

14.4          job title;

14.5          profession;

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.

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 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.

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;

15.4.4  contact 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.

15.4.5  If 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 removeme (removeme@terry-freedman.org.uk). 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 premium service. 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.

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          Wherever you are required to submit Data, you will be given options to restrict our use of that Data.  This may include the following:

18.1.1    use of Data for direct marketing purposes; and

18.1.2    sharing Data with third parties.

19.              Your Right to Withhold Information

19.1          You may access certain 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.

19.2          You may restrict your internet browser’s use of Cookies.  For more information see clause 10.4 below.

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.              Security

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 we hold is not visible except via a passworded program; payment details made via the internet are not held by ourselves, but by 3^rd parties; details of payments made to us by post are not stored on the internet.

22.              Cookies

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.

23.              Changes to this Policy

Terry Freedman Ltd reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law.  Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.

24.              Disclaimers

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.)

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.

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

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,