These are the terms and conditions applicable to the use of The National College (nationalcollege.com).<\/p>\n
The National College is operated by National Education Group Ltd, a company registered in England and Wales with company number 10738856 and its registered office is located at Isaacs Building, Floor 4, 4 Charles Street, Sheffield, S1 2HS. Any reference to\u00a0we<\/b>,\u00a0us<\/b>, or\u00a0our<\/b>\u00a0in these terms and conditions is to National Education Group Ltd.<\/p>\n
These terms and conditions are divided into two sections:<\/p>\n
Part A – User Terms and Conditions:<\/b>\u00a0These terms and conditions apply to all users of the site. These terms apply to you whether you are accessing free content, content available to you under a membership or other paid content. All users (such as staff, governers, trustees, directors or parents) must read and agree to these terms and conditions before registering and accessing our site.<\/p>\n
Part B – Terms and Conditions of Purchase:<\/b>\u00a0These terms and conditions apply to any purchase of access to paid content made on behalf of an education setting, such as a school, nursery or college, or organisations managing education settings such as MATs and LAs, whether that be a membership or a purchase of access to specific content on a \u201cpay as you go\u201d basis. Purchases can only be made by education settings or organisations such as MATs or LAs and you must therefore only make a purchase if you have the authority of the education setting or relevant organisation to do so. You must read and agree to these terms and conditions on behalf of the education setting or relevant organisation before making any purchase.<\/p>\n
PART A: USER TERMS AND CONDITIONS<\/b><\/p>\n
1. REGISTRATION<\/b><\/p>\n
1.1<\/b>\u00a0Anyone associated with an education setting, such as a school, nursery or college, or with an organisation managing education settings such as a MAT or LA (such as a member of staff, governor, trustee, director or parent) can register for an account.<\/p>\n
1.2<\/b>\u00a0A user account can be registered either directly through our site, or by following a link provided by a customer. These terms apply to your account in either case.<\/p>\n
1.3<\/b>\u00a0When you register for an account, you must provide complete and accurate information about yourself and the education setting or organisation that you are associated with (for example, the education setting or organisation that you work at or that your child attends).<\/p>\n
1.4<\/b>\u00a0We reserve the right to accept or reject any registration for an account for any reason, including (for example) if we discover that you have provided misleading information or otherwise sought to register for an account in bad faith. If we do allow you to register, these terms are legally binding between us and the person named in the registration (referred to as\u00a0you<\/b>\u00a0or\u00a0your<\/b>\u00a0in this Part A of the terms and conditions).<\/p>\n
1.5<\/b>\u00a0Your account is for your own personal use. You must not allow another person to have access to your account or provide our content to any other person, nor may you transfer your account to anyone else. If you have a colleague, friend or family member who is interested in accessing our content, please encourage them to sign up for their own account. If we discover that an account is being used by more than one person, we may suspend or close the account as described in paragraph 1.7.<\/p>\n
1.6<\/b>\u00a0If you would like to close your account at any time, let us know. This will mean that you will no longer be able to access our content and will need to re-register if you need access again in the future.<\/p>\n
1.7<\/b>\u00a0We may also suspend or close your account at any time as follows:<\/p>\n
1.7.1 If your education setting or organisation has a membership:<\/b>\u00a0We will only suspend or close your account if we have a good reason to do so, for example if we suspect that you have breached any of these terms.<\/p>\n
1.7.2 In any other case:<\/b>\u00a0We may suspend or close your account at any time for any reason.<\/p>\n
2. PAID CONTENT<\/b><\/p>\n
2.1<\/b>\u00a0We offer a wide variety of paid content, which can only be accessed through either a membership or (where available) by purchasing access to a specific items.<\/p>\n
2.2<\/b>\u00a0Only an education setting or organisation managing education settings can purchase access to our paid content. When you make a purchase, you are making that purchase on behalf of the education setting or organisation, and you must only do so if you have the authority of the education setting or organisation to make that purchase.<\/p>\n
2.3<\/b>\u00a0All purchases are subject to Part B of these terms and conditions. Please read those terms carefully before committing to a purchase.<\/p>\n
2.4<\/b>\u00a0If your education setting or organisation has purchased access to content, you will automatically be granted access to the content and functionality which is relevant to you through your account. Please ensure that you have the correct education setting or organisation and role associated with your account so you are given access to the correct content.<\/p>\n
2.5<\/b>\u00a0Where you are granted access to paid content as part of a membership which that education setting or organisation has, you must only use that paid content in connection with your role in relation to that education setting or organisation.<\/p>\n
2.6<\/b>\u00a0We will let you know if the education setting or organisation you are associated with cancels its membership. The following applies when an education setting or organisation cancels its membership:<\/p>\n
2.6.1 Members of staff \/ governers \/ trustees \/ directors:<\/b>\u00a0Your account will continue to function and you will still have access to the free content and to any content purchased outside of the membership. However, any content which was accessible through the membership will no longer be accessible.<\/p>\n
2.6.2 Parents:<\/b>\u00a0Your account may be closed. If you would still like to have access to the free content, you can re-register.<\/p>\n
3. FREE CONTENT<\/b><\/p>\n
3.1<\/b>\u00a0All accounts offer unrestricted access to our free content, whether or not the education setting or organisation that you are associated with is a member.<\/p>\n
3.2<\/b>\u00a0As a leading provider of online training and materials for education settings and related organisations, we strive to provide you with a high quality of content and a reliable service.<\/p>\n
3.3<\/b>\u00a0However, we do not provide any legal warranties or guarantees in respect of the free content and we reserve the right to take any of the following steps at any time without prior notice to you:<\/p>\n
3.3.1<\/b>\u00a0add, remove or change the free content available to you;<\/p>\n
3.3.2<\/b>\u00a0change the release schedule for new free content (or not release new free content);<\/p>\n
3.3.3<\/b>\u00a0change the way in which the free content is provided to you or in which you access the free content; or<\/p>\n
3.3.4<\/b>\u00a0suspend access to some or all of the free content.<\/p>\n
4. OUR RESPONSIBILITY TO YOU<\/b><\/p>\n
4.1<\/b>\u00a0Where an education setting or organisation managing education settings purchases content from us, we make certain promises to that customer about that content. See Part B of the terms and conditions for more information. These promises are made only to the customer and we do not provide legal promises, warranties or guarantees directly to individual users.<\/p>\n
4.2<\/b>\u00a0As an individual user, you use our services and access both our paid and free content on an \u201cas-is\u201d and \u201cas-available\u201d basis. You must not act in any way in reliance solely on a statement made or information provided in our content.<\/p>\n
4.3<\/b>\u00a0If we are found to be liable to pay any damages, compensation or other amount to you, any payment will be capped at \u00a3100. We believe this to be a reasonable condition given that you do not pay us for access to the content or service and that the customer has separate remedies for any purchase. We are only prepared to offer the content and service to you on the basis that you agree to this cap. If you do not agree to this cap, you must not register for an account or access any of our content.<\/p>\n
4.4<\/b>\u00a0The cap described in paragraph 4.3 applies to the maximum extent permitted by law. Nothing set out in paragraph 4.3 or otherwise in these terms is intended to replace, override or exclude any legal rights that you have if the law does not permit us to modify or exclude those rights.<\/p>\n
5. OUR CONTENT<\/b><\/p>\n
5.1<\/b>\u00a0The content that we make available through our site is the result of significant investment of time, money and expertise and is a valuable asset of our business. The content is protected by intellectual property law and other legal provisions, both in the United Kingdom and internationally.<\/p>\n
5.2<\/b>\u00a0We sometimes receive requests or suggestions for content from our users. Whilst we cannot offer any commitment to fulfil any requests, if we do create any content in response to a request or suggestion we will nevertheless retain all rights to that content, including the right to make that content available to other users (on either a paid or free basis).<\/p>\n
5.3<\/b>\u00a0Any right that we grant you to access our content is strictly a licence and does not give you any form of ownership or rights in the underlying content, nor any right to create a local copy of the content. Any content must be accessed and used strictly in accordance with these terms.<\/p>\n
5.4<\/b>\u00a0You must not attempt to copy or reproduce any of our content or to use it for any purpose other than for which we have specifically authorised.<\/p>\n
6. YOUR PRIVACY<\/b><\/p>\n
6.1<\/b>\u00a0Your privacy is important to us, and we will ensure that your personal data is kept secure at all times.<\/p>\n
6.2<\/b>\u00a0To find out more about how we may use your personal data, including the circumstances in which we may share your personal data with the education setting or organisation that you are associated with, please see our\u00a0privacy notice<\/a>.<\/p>\n 7. SECURITY OF YOUR ACCOUNT<\/b><\/p>\n 7.1<\/b>\u00a0You must ensure that you choose a secure password and always keep that password secure. If you have any reason to believe that the password may have been compromised, you should change that password immediately.<\/p>\n 7.2<\/b>\u00a0For your convenience, we may offer you the opportunity to log in via a third party authentication method, such as Office 365 or Google. We have no association with these providers (other than using their services for user authentication) and you must ensure that any use of these accounts is in accordance with the terms imposed by the relevant provider and keep that account secure in the same way you would for an account created directly with us.<\/p>\n 8. LINKS TO THIRD PARTY CONTENT<\/b><\/p>\n 8.1<\/b>\u00a0In certain circumstances we may provide links to external sites or content or refer to third party publications.<\/p>\n 8.2<\/b>\u00a0Any link or reference is not an endorsement or guarantee of that content, and we cannot accept responsibility for any site, content or publication which you may choose to access pursuant to a link or reference.<\/p>\n 9. GENERAL<\/b><\/p>\n 9.1<\/b>\u00a0If we fail, at any time, to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms, this does not mean that we are waiving those rights or remedies and you will not be relieved from compliance with those obligations.<\/p>\n 9.2<\/b>\u00a0If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, that term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.<\/p>\n 9.3<\/b>\u00a0These terms represent the entire agreement between us and replace any previous arrangement, understanding or agreement between us. Neither of us is agreeing to these terms in reliance on any statement, representation, assurance or warranty of any person which is not set out in these terms.<\/p>\n 9.4<\/b>\u00a0Unless otherwise expressly stated, any notices which are required to be sent under these terms are to be sent by email. Notices sent to us should be sent to membership@nationalcollege.com. Any notices for you will be sent to the email address you provided when registering (or any other email address you have given us to replace that email address).<\/p>\n 9.5<\/b>\u00a0We may revise or replace terms from time to time. If we do, we will post the revised or replacement terms on our site, and the updated terms will take effect from the date that those updated terms are posted (unless otherwise stated). If you object to any revision or replacement of our terms, you may close your account as described in paragraph 1.6.<\/p>\n 9.6<\/b>\u00a0These terms, including any associated non-contractual dispute, are governed by English law, and you and we each accept the exclusive jurisdiction of the English courts in respect of any disputes arising out of or in connection with these terms.<\/p>\n PART B: TERMS AND CONDITIONS OF PURCHASE<\/b><\/p>\n 1. MAKING A PURCHASE<\/b><\/p>\n 1.1<\/b>\u00a0There are two ways to access our paid content:<\/p>\n 1.1.1<\/b>\u00a0by purchasing a membership; or<\/p>\n 1.1.2<\/b>\u00a0by purchasing access to specific content on a \u201cpay as you go\u201d basis (where available).<\/p>\n 1.2<\/b>\u00a0Paid content can only be purchased by education settings, such as schools, nurseries and colleges, or organisations managing education settings such as MATs and LAs. An order can be placed through our site or by calling our sales team. The education setting or organisation placing the order will be our customer and is referred to as\u00a0you<\/b>\u00a0or\u00a0your<\/b>\u00a0in this Part B of the terms and conditions.<\/p>\n 1.3<\/b>\u00a0Any order for paid content must be placed by a person with authority to contract on your behalf – for example, the headteacher or a director. By placing an order for paid content, the individual placing the order is confirming that they have authority to make purchases of this nature on your behalf.<\/p>\n 1.4<\/b>\u00a0We reserve the right to accept or reject any order in our absolute discretion. We will confirm to you as soon as we can whether your order has been accepted and, if it is, this will form a legally binding contract between you and us.<\/p>\n 1.5<\/b>\u00a0For the avoidance of doubt, this Part B of the terms and conditions does not apply to access to free content – see Part A for more information about accessing free content.<\/p>\n 2. USER ACCOUNTS<\/b><\/p>\n 2.1<\/b>\u00a0Content is only accessible through a valid user account.<\/p>\n 2.2<\/b>\u00a0When you make a purchase, the following will apply for each individual who is entitled to access that content:<\/p>\n 2.2.1 Users with existing accounts:<\/b>\u00a0Some individuals may already have accounts with us. For example, they may have registered to access our free content, or may have previously had access to paid content. These accounts will be automatically upgraded to provide access to the paid content you have selected.<\/p>\n 2.2.2 New users:<\/b>\u00a0If an individual does not have an existing account with us, they can either directly visit our site to register, or you can issue them with a unique registration link to speed up the registration process for them.<\/p>\n 2.3<\/b>\u00a0All users must agree to the terms set out in Part A of these terms and conditions before they can access any content.<\/p>\n 2.4<\/b>\u00a0When a user accesses our site through a membership you have purchased or to view any other paid content that you have purchased, you (as the customer) are responsible for the actions of that user, including ensuring that their actions comply with both Parts A and B of these terms and conditions.<\/p>\n 2.5<\/b>\u00a0If you cancel your membership, we will let users who are associated with you know that you no longer have a membership. In this case:<\/p>\n 2.5.1 Members of staff \/ governers \/ trustees \/ directors:<\/b>\u00a0Accounts will continue to function and these users will still have access to the free content. Any content purchased outside of the membership will be unaffected by the termination of the membership and access to that content will continue to be available until it expires in accordance with the terms applicable to that content. However, any paid content which was accessible through the membership will no longer be accessible.<\/p>\n 2.5.2 Parents:<\/b>\u00a0Accounts may be closed, but parents can re-register for continued access to the free content.<\/p>\n 3. MEMBERSHIPS<\/b><\/p>\n 3.1<\/b>\u00a0We offer various different memberships to suit your particular requirements. These memberships may vary (for example) in respect of the channels, content and features available through that membership and whether they are single user or multiple user. Before purchasing a membership, please check carefully to ensure that the membership you are purchasing meets your requirements.<\/p>\n 3.2<\/b>\u00a0Where a membership is purchased for a single user, it must only be used by that user. You must ensure that neither the account nor the content accessible through that account must be shared with other individuals, whether within your organisation or elsewhere.<\/p>\n 3.3<\/b>\u00a0Where a membership is purchased for the whole of your organisation, it may be accessed by any of your staff, governers, trustees, directors and any parents of students who attend your education setting. You must ensure that neither these accounts nor the content accessible through these accounts are shared with unauthorised individuals.<\/p>\n 3.4<\/b>\u00a0If you are purchasing on behalf of a MAT, LA or similar, it is important to ensure that you have purchased the correct membership to cover your intended use. Unless otherwise stated, a membership can only be used for the customer which purchased the membership (such as the MAT or LA) and a separate membership would be needed for each education setting managed by that customer. Similarly, a membership purchased by an education setting cannot be used by the MAT or LA which manages that education setting (or other education settings managed by the same MAT or LA) unless we have expressly granted this right.<\/p>\n 3.5<\/b>\u00a0All memberships are purchased for the initial membership period selected at the date of purchase and are renewable for further membership periods of one year each for as long as you wish to continue to be able to access our content.<\/p>\n