Swansea Edunet

Swansea

Edunet

Terms and Conditions

Last modified 15/02/2016 11:08

Terms and Conditions

Please read these terms and conditions (the "Terms") before using Edunet which is operated by the City and County of Swansea. These Terms apply to the use of the Edunet website ("Edunet") and any associated subdomain:

By accessing Edunet, you signify your acceptance of these Terms in consideration of which the City and County of Swansea provide you with access. From time to time the City and County of Swansea may modify these Terms. Accordingly, please continue to review the Terms whenever accessing or using Edunet. If at any time you do not wish to accept the Terms, you should not use Edunet.


No Reliance

While the City and County of Swansea has endeavoured to ensure the material accuracy of the information available on Edunet, the City and County of Swansea does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on Edunet.

Edunet is intended as a support tool for educational institutions in the City and County of Swansea ("educational institutes") to harness web based technology for educational purposes only. The City and County of Swansea disclaims all liability and responsibility arising from any reliance placed on such information or materials by any visitor to Edunet.


Authorised Users

Parts of Edunet are restricted to authorised users. Unless you are an authorised user you have no right to access those parts of Edunet. Any access gained by you may constitute a criminal offence pursuant to the Computer Misuse Act. Should you access restricted parts of the site by accident, please e-mail us at learning.platform@swansea-edunet.gov.uk.

Authorised users may include educational institutes, employees of the City and County of Swansea, and agents (together, "Stakeholder Users").


Stakeholder Areas

Certain Stakeholder Users will have their own areas within Edunet ("Stakeholder Areas") which are operated by them without reference to the City and County of Swansea. As a Stakeholder User, you must ensure, as a condition for having your own area within Edunet, that you put in place appropriate terms and conditions relating to access and use of the Stakeholder Areas. These should be broadly comparable to these Terms and the privacy policy annexed (though in the case of the latter, the privacy policy must detail the nature and purposes of processing by you).

If you are a Stakeholder User or a user of a Stakeholder Area, your access and use of Edunet must be in accordance with these Terms and any additional terms and conditions that apply to the Stakeholder Areas.


Links to Edunet

Web sites or pages to which Edunet is linked (including Stakeholder Areas) are for information only and have not been reviewed by the City and County of Swansea. The City and County of Swansea has no responsibility for the content of the web sites or pages linked or linking to Edunet (including the Stakeholder Areas), and the City and County of Swansea accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of your clicking through to linked web sites or to Stakeholder Areas.


Intellectual Property

Edunet, including (but not limited to) text, content, posts, blogs, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trade marks and other material ("Content") is protected by copyrights, database, rights in designs, trade marks and/or other intellectual property rights.

The Content includes both content owned or controlled by the City and County of Swansea and content owned or controlled by third parties and licensed to the City and County of Swansea. Content may also include content submitted from time to time by Stakeholder Users.

All individual articles, reports, and other elements making up Edunet are copyright works. You agree to abide by all additional copyright notices or restrictions contained in Edunet and the licence set out below.

You may not use any of the City and County of Swansea's trade marks or trade names without the City and County of Swansea's consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You agree to notify the City and County of Swansea in writing promptly upon becoming aware of any unauthorised access to or use of Edunet by any party or of any claim that Edunet or any of the Content infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.


Licence Rights

Access to Edunet is provided on a temporary basis and you acknowledge that you acquire no rights or licences in or to Edunet and/or the Content other than the limited right to use Edunet in accordance with these Terms and to download on the terms set out in this section.

If you are provided with a user identification code, password or 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. We have the right to disable any user identification code or password if in our opinion you have failed to comply with any of the Terms.

Other than as set out in this section (or provided by applicable law) you may not copy, decompile, disassemble, reverse engineer, distribute, make available, adapt, upload, or in any other way exploit any part of Edunet.

Download is permitted by the City and County of Swansea provided that:

  • You only download and/or print copies of Edunet or the Content for educational purposes and provided always that such downloads or printed copies are only used at educational institutes located within the City and County of Swansea; and
  • You retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.

Additionally, you may not offer for sale or sell, make available or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof.

Without prejudice to the generality of the foregoing, you may link to Edunet, provided always that any link to Edunet or Content which is restricted to the general public and is only accessible by authorised users, does not make that part of Edunet or Content accessible to any person who is not an authorised user. By linking to any restricted parts of Edunet or Content you warrant that only authorised users will be able to access that part of Edunet or the Content accessible by the link and the site from which you are linking complies in all respects with the content standards set out in these Terms. We reserve the right to withdraw linking permission at any time and without notice.

Edunet and the information contained therein may not be used to construct a database of any kind, nor may Edunet be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database web sites containing all or part of Edunet.


No Warranty

Edunet and the Content are provided "as is" excluding any warranties and conditions of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) fitness for a particular purpose and non-infringement of proprietary or third party rights. The City and County of Swansea further accepts no responsibility or liability for functions contained on Edunet and makes no warranties that Edunet will operate uninterrupted or error-free or that defects will be corrected.

The City and County of Swansea does not warrant that Edunet is compatible with your computer equipment or that Edunet or its server is free of errors. You should ensure that you have installed up to date virus checking software prior to any internet session and the City and County of Swansea is not liable for any damage you may suffer as a result of such destructive features that may infect your computer or data due to your use of Edunet or your downloading any material posted on it.

The City and County of Swansea shall not be held responsible for Content provided by third parties. The City and County of Swansea is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access Edunet.


Limitation of Liability

You acknowledge that your use of Edunet, including the Content, is at your own risk. If you are dissatisfied with Edunet, the Terms or any of the Content your sole remedy is to discontinue use of Edunet. Save in respect of fraud and of personal injury or death to the extent it results from the City and County of Swansea's negligence, in no event will the City and County of Swansea be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based in contract, tort (including negligence) or otherwise, even if the City and County of Swansea has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you. If your use of material in Edunet results in the need for servicing, repair or connection of equipment, software or data, you assume all costs thereof.

Under no circumstances will the City and County of Swansea, or any of the schools in Swansea be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via Edunet.


Local Laws and Regulations

Edunet is not directed at any person outside the United Kingdom. If you are located outside the United Kingdom you should not access Edunet.

The City and County of Swansea does not represent that either Edunet or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access Edunet do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.


Viruses Hacking and Other Offences

You must not misuse Edunet by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Edunet or the server on which it is stored and you must not attack Edunet by way of a denial of service attack or distributed denial of service attack.

We will not be liable for any loss or damage caused by a distributed denial of service attack arising following your use of Edunet.


Termination

The City and County of Swansea may terminate these Terms with or without cause at any time.


Changes to the Website

At any time, Edunet may contain material which is out of date. While the City and County of Swansea has no obligation to do so, you accept that the City and County of Swansea has the right to change the content or technical specifications of any aspect of Edunet at any time at the City and County of Swansea's sole discretion. You further accept that such changes may result in your being unable to access Edunet.


Waiver

No waiver by the City and County of Swansea of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by the City and County of Swansea of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.


Privacy Policy

In addition to the Terms contained herin, access to Edunet infers agreement with and compliance to our Privacy Policy.


Uploading to Edunet

Edunet (and Stakeholder Areas) contains user generated materials which may be uploaded and communicated to other users or authorised users.

If you upload material to Edunet you hereby irrevocably agree to:

  • Grant the City and County of Swansea and the Stakeholders a perpetual licence to copy, distribute, make available and adapt all intellectual property rights in such materials as required in order to make Edunet available to users; and
  • waive all moral rights in respect of such materials.

All material uploaded or otherwise communicated or made available by way of Edunet, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such material and that person must take responsibility to ensure that it does not contain any malicious, harmful or unlawful material or contain any data or branding copied from another person or company without their authority.

The City and County of Swansea and any person nominated by the City and County of Swansea or nominated by a Stakeholder, may or may not monitor or control material uploaded or otherwise communicated or made available by way of Edunet (a "Nominated Person").

In the case of a monitored forum, you acknowledge that any material posted by you may not be immediately available on Edunet (or a Stakeholder Area) and that it may be amended or, at the discretion of the Nominated Person, rejected or returned to you.

In the case of both monitored and unmonitored posts or material uploaded or otherwise communicated or made available by way of Edunet, neither the City and County of Swansea, a Stakeholder nor any Nominated Person takes responsibility for such material appearing on or via Edunet (or a Stakeholder Area). Any use or reliance on any materials posted via Edunet (or a Stakeholder Area) or obtained by you through Edunet (or a Stakeholder Area) is at your own risk.

The City and County of Swansea and the Stakeholders do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any material or communications posted via Edunet (or a Stakeholder Area) or endorse any opinions expressed via Edunet (or a Stakeholder Area).

Whilst the City and County of Swansea and the Stakeholders will endeavor to ensure that use of Edunet is safe and secure there is a small risk that other users may post material or communications that may be offensive, harmful, inaccurate or otherwise inappropriate. If you become aware of any such use, please contact learning.platform@swansea-edunet.gov.uk or in respect of material or communications on a Stakeholder Area, the nominated point of contact applicable to that Stakeholder Area.

Any person using Edunet or a Stakeholder Area for the purposes of bullying or posting malicious, harmful or unlawful material may be prevented from using Edunet and Stakeholder Areas. They may also be subject to further civil or criminal penalties. If appropriate, the police may be informed.


Accessibility Statement

The City and County of Swansea endeavours to make Edunet accessible to as many people as possible and as such aims to comply with Priority 1 and 2 of the Web Content Accessibility Guidelines (WCAG) published by the World Wide Web Consortium (W3C). Edunet may also be designed to comply with Priority 3 issues. The WCAG helps Web developers make sites accessible for people with disabilities.

If you have any comments about the accessibility of this site or if you would like to make a suggestion to help us make this site more accessible, please e-mail learning.platform@swansea-edunet.gov.uk.


Miscellaneous

The City and County of Swansea shall have no liability for any breach of these Terms caused by circumstances beyond its reasonable control.

A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms.


Severability

To the extent that any provision in these Terms is held to be void or unlawful, these Terms will apply as if such term had no effect and the remaining provisions of these Terms shall continue to apply.


Governing Law and Jurisdiction

The Terms are governed by the laws of England and Wales as applied in Wales and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales sitting in Cardiff, to settle any dispute or claim that arises out of or in connection with the Terms or its subject matter (included any non-contractual disputes or claims).


Edunet is developed and maintained by the City and County of Swansea.