Terms and conditions

 

TERMS OF WEBSITE USE


This page (together with the documents referred to on it including the Acceptable Use Policy, and Privacy Policy) tells you the terms of use on which you may make use of our website www.mycurriculum.com as a registered user. Please read these terms of use and associated documents carefully before you start to use the site. By registering on our site, you indicate that you accept these terms of use and subsequent versions as may be varied from time to time and made available here and that you agree to abide by them and will enter into a legally binding contract with us. If you do not agree to these terms of use, please refrain from using our site.

INFORMATION ABOUT US


www.mycurriculum.com is a site operated by the Qualifications and Curriculum Authority ("we" or "us"). We are the regulatory body for public examinations and publicly funded qualifications. Our main business address is 83 Piccadilly, London W1J 8QA.

ACCESSING OUR SITE


The current version of our site is a trial version and will only run until 31st August 2009. By registering on our site you will be permitted to access the site for free until this time. After 31st August 2009 your registration will automatically expire and you will not be able to access our site unless the school at which you teach becomes a subscriber to our site.

We reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

We have the right to deny, prohibit or revoke your access at any time if, in our opinion, you have failed to comply with any of the provisions of these terms of use or for any other reason.

When you register you may be provided with, a user identification code, password or some other piece of information as part of our security procedures; you must treat such information as confidential, and you must not disclose it to any third party.

RELIANCE ON INFORMATION POSTED


Commentary and other materials posted on our site by other users or contributors are not intended to amount to advice on which reliance should be placed. We do not accept responsibility for the truth or accuracy of any content posted by users. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY


We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to monitor its correctness or validity, or to update such material.

OUR LIABILITY


The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
    • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.


This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE


We process information about you in accordance with our Acceptable Use Policy, and Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

UPLOADING MATERIAL TO OUR SITE


Whenever you make use of a feature that allows you to upload material to our site, post comments, share information or make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Subject to the terms of our Acceptable Use Policy, and Privacy Policy any material you upload to, or make available from shared areas of our site, will be considered non-confidential and non-proprietary, and we and other users have the right to use, copy, distribute and disclose any such material for any purpose.

Subject to the terms of our Acceptable Use Policy, and Privacy Policy we shall have a right to view, remove (in accordance with our Acceptable Use Policy), copy and reproduce (for the purposes of delivering our site) any material you upload to, or make available from, the area on our site that only you and we have access.

We reserve the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy or is defamatory.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy .

OTHER USERS MATERIAL


We act as a host of our site only and are not responsible for any material posted by users nor are we responsible for the behaviour of other users.

If there is any content on the site which:
  • you believe breaches the terms and conditions of this Agreement;
  • you believe infringes your or a third party's intellectual property rights;
  • you believe breaches third party's privacy rights or their rights under the data protection act;
  • you believe is offensive or defamatory;
  • you believe breaches any applicable laws; or
  • for any other reason, you object to

then please use the Flagging function identified by a flag icon and the content will be automatically removed pending outcome of the content dispute procedure as set out in our Acceptable Use Policy.

VIRUSES, HACKING AND OTHER OFFENCES


You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, spy bots, or other material or file which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE


You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

You must not establish a link to any part of our site which bypasses any required login or verification procedure.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

LINKS FROM OUR SITE


Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

TERMINATION


You may terminate your registration to use our site at any time for any or no reason by using the unsubscribe function. Your personal data and any materials you have uploaded onto the site will be dealt with in accordance with our Acceptable Use Policy, and Privacy Policy.

We may terminate your registration, with or without notice, for no reason or any reason including breach of any term of this agreement or associated documents or breach of any applicable law or regulation.

On termination, you will no longer have access to our site.

The terms of this agreement shall continue after termination.

JURISDICTION AND APPLICABLE LAW


The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

VARIATIONS


We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
 

ACCEPTABLE USE POLICY


This Acceptable Use Policy sets out the terms between you and us under which you may access our website www.mycurriculum.com (our site). This Acceptable Use Policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our terms of website use.

www.mycurriculum.com is a site operated by the Qualifications and Curriculum Authority ("we" or "us"). We are the regulatory body for public examinations and publicly funded qualifications. Our main business address is 83 Piccadilly, London W1J 8QA.

PROHIBITED USES


You may use our site only for lawful purposes. You may not use our site:
  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.


You also agree:
  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.


INTERACTIVE SERVICES


We may from time to time provide interactive services on our site, including, without limitation:
  • Chat rooms.
  • Bulletin boards.
  • Messaging services
  • Forums
  • Weblogs


Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS


These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:
  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.


Contributions must not:
  • Contain any material which is defamatory of any person.
  • Contain any material which identifies a third party, including but not limited to names, telephone numbers, email addresses and photographs without the consent of the third party concerned. Where the material identifies a person under the age of 18, you must first get the written consent of the relevant parent or guardian.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.


SUSPENSION AND TERMINATION


Failure to comply with this Acceptable Use Policy constitutes a material breach of the terms of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.


We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CONTENT DISPUTE PROCEDURE


If another user believes that you have posted content on the site which:
  • breaches the terms and conditions of this Agreement;
  • infringes his/hers or a third party's intellectual property rights;
  • breaches a third party's privacy rights or their rights under the data protection act;
  • is offensive or defamatory;
  • breaches any applicable laws; or
  • for any other reason, he/she objects to

then he/she can use the Flagging function identified by a flag icon and the content will be automatically removed.

By using this function, the user will then be directed through a number of steps that will result in you being notified of:
  • the nature of the problem;
  • the identity of the user who is objecting; and
  • the reason for the objection.

You will then have 7 days to respond to the objecting user.

CHANGES TO THE ACCEPTABLE USE POLICY


We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site.
 

PRIVACY POLICY


This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal information we collect from you, or that you provide to us, will be processed. Please read the following carefully to understand our views and practices regarding your personal information and how it will be treated.

Your use of our site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our terms of website use.

www.mycurriculum.com is a site operated by the Qualifications and Curriculum Authority ("we"). We are the regulatory body for public examinations and publicly funded qualifications. Our main business address is 83 Piccadilly, London W1J 8QA.

We are committed to protecting and respecting your privacy.

When you use our site you provide us with two types of information: information about you necessary for you to be able to register and use our site and which is collected by us as you interact with our site and other information about you which we control (Registration Information); and information you knowingly choose to disclose that you upload onto our site and which is collected by us so that you and other users can interact with each other on the site (User Generated Content).

Both Registration Information and User Generated Content may contain personal information. Personal information means any data from which you or any third party can be identified (including information such as names, postal addresses, email addresses, passwords and photographs) and which concerns you or that third party. All personal information that we obtain from you in relation to your use of our site will be dealt with in accordance with the provisions of this Acceptable Use Policy, and Privacy Policy.

WHERE WE STORE YOUR INFORMATION


We will take all steps reasonably necessary to ensure that any personal information is treated securely and in accordance with this Acceptable Use Policy, and Privacy Policy.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect personal information, we cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. Once we have received information, we will use strict procedures and security features to try to prevent unauthorised access. With this in mind, we urge you to take every precaution to protect your personal information while you are on the internet.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

HOW LONG WE KEEP YOUR INFORMATION


We will keep and use any personal information you submit to us in relation to your use of our site for so long as you remain a user and for at least 2 years afterwards, in order to deal with any consequent queries or complaints you may have. Otherwise, your information will not be accessed again and it will remain secure. In any event, your personal information will be kept for no longer than is necessary.

If you would like your personal information to be permanently deleted please write to us at servicedesk@mycurriculum.com.

REGISTRATION INFORMATION


For the purpose of the Data Protection Act 1998 (the Act), we are the data controller of Registration Information.

Here are some examples of the types of Registration Information we may collect and process about you:
  • Information that you provide by filling in forms on our site www.mycurriculum.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
  • If you contact us, we may keep a record of that correspondence.
  • We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
  • Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
  • We want to make our site as easy to use as possible. To help us do this, we send and receive information to and from your computer that helps us authenticate your identity and maintain your preferences. This means that you do not have to repeat certain actions every time you use our site. This information is known as a 'cookie' and is used as a link between your computer and our site. We know the identity of your computer by using the IP Address (Internet Protocol address) that your computer transmits when it is connected to the internet.


USES WE MAKE OF REGISTRATION INFORMATION


We use Registration Information held about you in the following ways:
  • To ensure that content from our site is presented in the most effective manner for you and for your computer.
  • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To allow you to participate in interactive features of our service, when you choose to do so.
  • To notify you about changes to our service.


If you do not want us to use your Registration Information in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box when registering for our site.

We do not disclose information about identifiable individuals to our commercial partners, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of Registration Information we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

DISCLOSURE OF REGISTRATION INFORMATION


We may disclose Registration Information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may disclose your Registration Information to third parties:
  • In the event that we sell or buy any business or assets, in which case we may disclose your Registration Information to the prospective seller or buyer of such business or assets.
  • If QCA(E) or substantially all of its assets are acquired by a third party, in which case personal information held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your Registration Information in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of QCA. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.


ACCESS TO REGISTRATION INFORMATION


The Act gives you the right to access Registration Information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of ?10 to meet our costs in providing you with details of the information we hold about you.

YOUR RIGHTS IN RELATION TO REGISTRATION INFORMATION


You have the right to ask us not to process your Registration Information for marketing purposes when you provide us with your Registration Information. You can exercise your right to prevent such processing by checking certain boxes during the registration process. You can also exercise the right at any time by contacting us at servicedesk@mycurriculum.com

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.

USER GENERATED CONTENT


You have control over the User Generated Content and information that you upload onto our site. This includes your personal profile and any personal information of yourself or others which you include in any User Generated Content.

For the purpose of the Act, You are the data controller of User Generated Content.

You may modify or delete User Generated Content at any time by using the relevant editing function in all sections of the site. Information will be updated immediately.

We draw your attention to our Acceptable Use Policy which expressly prohibits uploading User Generated Content which identifies a third party without first obtaining their consent.

If you decide you no longer want to have an account on our site, you can deactivate your account by using the unsubscribe function. Please note, if you do deactivate your account although your profile will not be visible to other users, any content that you have uploaded and shared with others will remain visible to other users. This may include your personal information or the personal information of others. You are responsible for removing this information prior to deactivating your account. There may be backup copies of Information that you remove from our site but these will not be visible to other users and will only exist for a reasonable time.

Where you use the site to share information with other users, by for example, allowing another user to copy content you have uploaded, only the user which has made the copy will be able to remove it from the site.

CHANGES TO OUR PRIVACY POLICY


Any changes we may make to our Acceptable Use Policy, and Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT


Questions, comments and requests regarding this Acceptable Use Policy, and Privacy Policy are welcomed and should be addressed to servicedesk@mycurriculum.com.

 
 
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