Terms of Use

TechFuture

1               About our Terms

1.1           These Terms explain how you may use https://www.techfuture.com/  (TechFuture), a website which is provided by us free of charge.

1.2           TechFuture is designed as an educational tool to provide a suite of computing and digital skills, projects and challenges to learners and apprentices from Key Stage 2 to Key Stage 5.

1.3           You should read these Terms carefully before using TechFuture.

1.4           By accessing or using TechFuture or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

1.5           If you do not agree with or accept any of these Terms, you should (i) not use TechFuture (ii) not create an account profile on TechFuture and (iii) (where you have used and/or already created an account profile on TechFuture) stop using TechFuture immediately.

1.6           If you have any questions about TechFuture, please contact us by e-mail to techfuture@cityandguilds.com between Monday to Friday: 9 am to 5 pm UK Time.

1.7           Definitions

Content

 

Interactive Services

 

Privacy Notice

 

 

Restrictions on Use

Submission

 

Submission Standards  

means any text, images, video, audio or other multimedia content, software or other information or material available from or hosted by TechFuture;

means any user interactive and/or multimedia services available on or hosted by TechFuture;

means our privacy notice which we make available to users of TechFuture on creation of accounts on TechFuture and is published on TechFuture and which contains important information about how we process users’ personal data in connection with their use of TechFuture;

means the conditions of your use of TechFuture set out under clause 3;

means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users of TechFuture;

means the submission standards set out under clause 4;

Terms

means these terms and conditions of use as updated from time to time under clause 16;

Unwanted Submission

has the meaning given to it in clause 8.1;

we

means The City and Guilds of London Institute (a charity incorporated by Royal Charter, with registered charity number 312832 (England and Wales) and SC039576 (Scotland)) and us or our shall have the same meaning; and

you

means the person accessing or using TechFuture or its Content, as the context permits, and your shall have the same meaning.


2               Using TechFuture

2.1           TechFuture is for use as an educational tool by learners and apprentices, as well as by teachers, centres, training providers and employers of learners or apprentices (Authorised Persons). Use of Tech Future in any other way, including in contravention of any Restrictions on Use, is not permitted.

2.2           TechFuture may also, where learners are under the age of 13 years old, be used by such learners’ parents or guardians. Where parents or guardians and/or Authorised Persons are using TechFuture on behalf of learners or apprentices, such parents or guardians and Authorised Persons are responsible for ensuring that these Terms are explained and understood by learners and apprentices.  

2.3           You agree that you are solely responsible for:

2.3.1       all costs and expenses you may incur in relation to your use of TechFuture; and

2.3.2       keeping your password and other account details confidential.

2.4           TechFuture is intended for use only by those who can access it from within the UK. If you choose to access TechFuture from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

2.5           We seek to make TechFuture as accessible as possible. If you have any difficulties using TechFuture, please contact us at techfuture@cityandguilds.com. If you would like these Terms in another format (for example: audio, large print, braille) please contact us using the contact details above.

2.6           We are not obliged to monitor or moderate Submissions to any of our Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.  

2.7           We may remove or edit any Submissions to any of our Interactive Services whether they are moderated or not.

2.8           Any Submission you make must comply with the Submission Standards.

2.9           We may prevent, suspend and/or terminate access to TechFuture if you or (in the case of Authorised Persons or parents or guardians) learners or apprentices do not comply with any part of these Terms (including the Restrictions on Use) and any terms or policies to which they refer or any applicable law.

3               Restrictions on Use

3.1           As a condition of your use of TechFuture, you agree:

3.1.1       not to use TechFuture for any purpose that is unlawful under any applicable law or prohibited by these Terms;

3.1.2       not to use TechFuture to commit any act of fraud;

3.1.3       not to use TechFuture to distribute viruses or malware or similar harmful software code;

3.1.4       not to use TechFuture for the purposes of promoting unsolicited advertising or sending spam;

3.1.5       not to use TechFuture to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

3.1.6       not to use TechFuture in any manner that disrupts the operation of TechFuture or our business or the website or business of any other entity;

3.1.7        not to use TechFuture in any manner that harms minors;

3.1.8       not to promote any unlawful activity;

3.1.9       not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;

3.1.10    not to use TechFuture to gain unauthorised access to or use of computers, data, systems, accounts or networks;

3.1.11    not to attempt to circumvent password or user authentication methods; and

3.1.12    to comply with the provisions relating to our and any of our licensors’ intellectual property rights and software contained in these Terms.

4               Submission Standards

4.1           Any Submission or communication to TechFuture must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion. In particular, you warrant that any Submission or communication is:

4.1.1       your own original work and lawfully submitted;

4.1.2       factually accurate or your own generally held belief;

4.1.3       provided with the necessary consent of any third party;

4.1.4       not defamatory or likely to give rise to an allegation of defamation;

4.1.5       not offensive, obscene, sexually explicit, discriminatory or deceptive; and

4.1.6       unlikely to cause offence, embarrassment or annoyance to other.

5               Your privacy and personal information

5.1           Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

5.2           Our Privacy Notice is available at https://www.techfuture.com/privacy.

6               Ownership, use and intellectual property rights

6.1           TechFuture and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

6.2           Nothing in these Terms grants you any legal rights in TechFuture other than as necessary to enable you to access TechFuture. You agree not to adjust or to try to circumvent or delete any notices contained on TechFuture (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within TechFuture.

6.3           ‘City & Guilds Group’ and ‘City & Guilds’ are our registered trademarks. Other trade marks, trade names and/or logos may also be used on TechFuture. The use of any trade marks, trade names and/or logos on TechFuture is strictly prohibited unless you have our prior written permission.

7               Software

7.1           Software may be made available for you to download in order to help TechFuture work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an ‘end user licence agreement’ or ‘EULA’). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal rights are under, eg, the Consumer Rights Act 2015, what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you).

7.2           Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.

8               Submitting information to TechFuture

8.1           While we try to make sure that TechFuture is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.

8.2           We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor TechFuture to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

9               Accuracy of information and availability of TechFuture

9.1           While we try to make sure that TechFuture is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that TechFuture will be fit or suitable for any purpose. Any reliance that you may place on the information on TechFuture is at your own risk.

9.2           We may suspend or terminate operation of TechFuture at any time as we see fit.

9.3           Content is provided for your general information purposes only and to inform you about us and our products and/or services and news, features and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

9.4           While we try to make sure that TechFuture is available for your use, we do not promise that TechFuture is available at all times nor do we promise the uninterrupted use by you of TechFuture.

10             Hyperlinks and third party sites

TechFuture may contain hyperlinks or references to third party websites other than TechFuture. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

11             Linking and framing

11.1         You may create a link to TechFuture from another website without our prior written consent provided that no such link:

11.1.1    creates a frame or any other browser or border environment around the content of TechFuture;

11.1.2    implies that we endorse any products or services of yours or any of the products or services of, or available through, the website on which you place a link to TechFuture;

11.1.3    displays any of the trade marks or logos used on TechFuture without our permission or that of the owner of such trade marks or logos; or

11.1.4    is placed on a website that does not meet the acceptable use requirements of these Terms.

11.2         We reserve the right to require you to immediately remove any link to TechFuture at any time, and you shall immediately comply with any request by us to remove any such link.

12             Breach

We shall apply these Terms in our absolute discretion. In the event of your breach of these Terms we may prevent, suspend and/or terminate your use or (in the case of Authorised Persons or parents or guardians) learners or apprentices’ use of TechFuture and take any action we consider necessary to remedy the breach.

13             Limitation on our liability

13.1         Except for any legal responsibility that we cannot exclude either in law (such as for death or personal injury) or under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

13.1.1    losses that:

(a)            were not foreseeable to you and us when these Terms were formed; or

(b)            that were not caused by any breach on our part;

13.1.2    business losses; and

13.1.3    losses to non-consumers.

13.2         Except for any losses which cannot be limited in law, our total liability under or in connection with TechFuture and/or these Terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall not exceed the sum of £500.

14             Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

15             Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

16             Variation

We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on TechFuture and, where appropriate, notified to you by email using the email address associated with any account you have on TechFuture. By continuing to use and access TechFuture following such changes, you agree to be bound by any such variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

17             Disputes

17.1         We will try to resolve any disputes with you quickly and efficiently.

17.2         If you are unhappy with us please contact us as soon as possible.

17.3         If you and we cannot resolve a dispute using our complaint handling procedure, we will:

17.3.1    let you know that we cannot settle the dispute with you; and

17.3.2    use reasonable endeavours to agree with you an alternative dispute resolution provider for the purpose resolving the dispute with us.

17.4         If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.

17.5         Relevant United Kingdom law will apply to these Terms.

Last modified: Thursday, 31 October 2019, 8:34 PM