i) These Terms and Conditions govern your use of the Decipha Website including the Decipha Reading online programme, hereafter called ‘the Website’. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms.
Registrant. The registrant is the parent or person nominated by the organisation funding the child’s registration (e.g. school or local authority) who registers the child. This person has responsibility for allowing access to ‘support users’. As such they are responsible for requesting additional log-ins and ensuring support workers use an 8 character alpha numeric password.
Support users. A support user is a professional and/or family who may be helping to deliver the Decipha Programme, or someone who may play an ad hoc or intermittent role in the child’s day to day learning and needs access to the child’s dashboard and blog to view the child’s progress.
Parent. The term parent is used to describe anyone who has legal responsibility for a child. This includes foster parents and legal guardians.
1. TERMS AND CONDITIONS AGREEMENT
1.1. You agree to these Terms and Conditions with respect to our Website. These Terms and Conditions constitute the entire and only agreement between us and you, and supersede all prior or contemporaneous agreements, policies, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website, and the subject matter of this policy. These Terms and Conditions may be amended at any time by us from time to time without specific notice to you. The latest these Terms and Conditions will be posted on the Website, and you should review these Terms and Conditions prior to using the Website.
1.2. Cancellation of; registration and use of the Decipha programme, is subject to a 30 days notice period and other conditions detailed in the Cancellation Policy [http://www.decipha.org.uk/policies/cancellations-policy]
2. USE OF THE WEBSITE
2.2. When using this Website you shall not post or send to or from this Website any material:
2.2.1. For which you have not obtained all necessary consents.
2.2.2. That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom.
2.2.3. Which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in breach of Paragraph 2.2.
Your right to use the Website is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
3. USE OF THE DECIPHA READING PROGRAMME ONLINE
We encourage debate and the sharing of information between our users. It is important however that users use this resource responsibly and therefore terms and conditions include the acceptable use of the Website. This section has been provided to help you understand your roles and responsibilities as registrants and users. These ‘do’s and don’ts’ expand on but do not substitute the Terms and Conditions in Paragraph 2.2.
3.1. DO’S AND DON’TS
3.1.1. Read and make sure you understand the Website’s full Terms and Conditions before uploading any content to the Website.
3.1.2. Ensure that you have permission to use the material that you are uploading to the Website, see paragraph 2.2. For example, if you have produced the material in the course of your employment, your employer will own copyright in that material. You should therefore obtain your employer’s permission to upload the material and permit its use in the way described in this Terms and Conditions policy before uploading it or linking it to the Website.
3.1.3. Respect others (including their materials, personal information, opinions and beliefs), assume goodwill and be civil.
3.1.4. Cite your sources. If you are quoting from or referring to another person’s/organisation’s material, please make sure you state where you got it from.
3.1.5. Avoid conflict and, if conflict arises, use the communication lines to your registrant to report it, or send an email to janet@Decipha.org.
3.1.6. Report anything you’re not happy with. For any situation where you perceive conflict, i.e. information, materials or discussions which you find offensive or problematic, report the situation to Decipha via email at janet@Decipha.org.
3.1.7. When posting your own information remember all other registrants (programme users) can access what you place on the Website blog.
3.1.8. Remember it is your responsibility to make sure you comply with the Terms and Conditions of this Website.
3.1.9. Infringe copyright, i.e. don’t post copyright material, unless you are the rights owner or have permission from the rights owner to do so. See Copyright 3.2.
3.1.10. Upload images of identifiable individuals to the Website, unless you have their explicit written consent to make their image available through the Website and to permit its use by others via this Website or, in the case of children, their parent(s) (if this is not you) have given you such explicit written consent.
3.1.11. Identify individuals in any content you upload, unless you have their explicit written consent. For example, if you are uploading a case study, do not identify any children by naming them unless you have permission from their parent(s).
3.1.12. Spam, i.e. repeatedly post the same message a number of times or post chain letters or other junk mail.
3.1.13. Be offensive, i.e. post “inflammatory, rude, indecent, repetitive or offensive messages designed intentionally to annoy or antagonise the existing members or disrupt the flow of discussion. See paragraph 2.2
3.1.14. Post anything which constitutes an advertisement or anything which may result in personal financial gain.
3.1.15. Impersonate, i.e. pretend to be someone you’re not.
3.2. COPYRIGHT AND ADDING MATERIAL TO BLOGS
3.2.1. Take care if you are considering posting material that is not yours (i.e. written, drawn, designed, composed, performed or otherwise created than by yourself) as it may be subject to copyright restrictions and you may need permission from the rights owner(s) to post it on the Website (see Adding your own content 4.2
3.2.2. You should understand that including material owned and controlled by third parties (including extracts from text, including song lyrics, children’s work, and screenshots) is likely to require permission, and potentially the payment of a fee. It may therefore be easier to add a link rather than the content itself (see Links to and from other Websites 6. )
Alternatively ensure that you have gained all necessary permissions before uploading anything onto this Website.
3.2.3. Rights owners of intellectual property have many rights which you need to be aware of, including:
1. The right to grant or refuse permission for re-use of their work.
2. The right to be acknowledged as the author of the work and for their work not to be falsely attributed to the wrong person.
3. The right to object to their work being subjected to derogatory treatment (this may in effect, merely mean cropping a photo, reproducing a work of art with poor or incorrect colour values, or abridging text).
4. The right to prevent use of a photograph unless you have their consent.
The content, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed by paragraph 4.1.3. below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. Some of the content on the Website is the copyrighted work of third parties.
4.1. CONTENT COPYRIGHT
4.1.1. You are permitted to use our Website for your own purposes and to print and download material from this Website, provided that you do not modify any content without our consent. Material on this Website must not be republished online or offline without our permission.
4.1.2. The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
4.1.3. No part of this Website may be reproduced without our prior written permission. This does not include the printing or transcribing of learning tools within the Decipha programme which have the specific function of being copied for teaching purposes.
4.2. ADDING YOUR OWN CONTENT
When you contribute content to this Website (whether fresh material posted by you, or a modified version content posted by another user that you have found on this Website):
4.2.1. You are granting to Decipha and every other user of the Decipha Website, unlimited, non-terminable and free permission to make all or any part of your content available through the Website to other users of the Website and to allow any other Websites to link to pages on this Website which contain your content.
4.2.1. You are granting Decipha unlimited, non-terminable and free permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your content otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world.
5. SERVICE MARKS
‘Decipha’ and ‘Decipha.org’ and others are our service marks or registered service marks or trademarks. Other service, product and company names mentioned on the Website may be trademarks of their respective owners.
6. LINKS TO AND FROM OTHER WEBSITES
6. 2. If you would like to link to the Decipha Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website. This is subject to the following conditions:
6.2.1 You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
6.2.2. You do not misrepresent your relationship with us or present any false information about us.
6.2.3. You do not link from a Website that is not owned by you unless placing a link on a community forum or blog which is for the benefit of child development and/or learning.
6.2.4. You do not place a link on a Website which contains content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
6. 3 If you choose to link to our Website in breach of Paragraph 6.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
7. WEBSITE ACCESS
You will be able to access the majority of this Website without having to register any details with us. However, particular areas (such as use of the Decipha programme) of this Website will only be accessible if you have registered.
8. REGISTRATION AND PAYMENT
If registration is requested, you agree to provide us with accurate, complete registration and/or payment information and to attend assessment and/or commit to register as covered by our Applications and payments policy [http://www.decipha.org.uk/policies/application-and-payments-policy]. Your registration must be done using accurate information. Each registration is for your personal use only. This is why if offered a password, you are responsible for keeping it confidential. We recommend your using a non-identifiable eight character alphanumeric password.
8.1. We do not permit:
8.1.1. Any other person using the registered sections under your name.
8.1.2. Access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorised use.
8.2. You represent and warrant that if you are purchasing something from us or from Merchants that:
8.2.1. Any credit information you supply is true and complete.
8.2.2. Charges incurred by you will be honoured by your bank or credit card company.
8.2.3. You will pay the charges incurred by you at the posted prices, including any applicable taxes.
9. WEBSITE UPTIME
9.1. We take steps to ensure that this Website is available 24 hours every day, 365 days per year. However, Websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this Website is unavailable at any time.
9.2. This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
The Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
11.1. We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We may make changes to the material on this Website at any time and without notice. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
11.2. The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which, but for these Terms and Conditions, may have effect in relation to this Website.
12. EXCLUSION OF LIABILITY
12.1. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
12.2. Nothing in these Terms and Conditions shall exclude or limit liability for:
12.2.1. Death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977).
12.2.3. Misrepresentation as to a fundamental matter
12.2.4. Any liability which cannot be excluded or limited under the law of the United Kingdom.
13. GOVERNING JURISDICTION
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
You agree that Decipha, in its sole discretion, may terminate your registration, and remove and discard any content that you have posted on the Website, for any reason, including, without limitation, for lack of use, or if Decipha, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or that you are a repeat infringer of intellectual property rights. You agree that any termination of your access to the Website under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that Decipha may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that Decipha shall not be liable to you or any third-party for any termination of your access to the Website.
15. OUR DETAILS
Our business name is: Decipha CIC
Our business address is:
49 - 51 East Road
Tel: 020 7250 8255 Fax: 020 7250 8005
Contract and terms and conditions
On successful application for an assessment or programme a copy of the contract and terms and conditions will be sent to the applicant via email or post.
Copyright – short statement
Copyright © 2007 DeciphaCIC, Ltd. All rights reserved.
No part of this content or the data or information included therein may be reproduced, republished or redistributed without the prior written consent of Decipha.com.
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