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These Terms

By using this website (the “Website”) and associated digital and printed materials (the “Materials”) you agree to these terms and conditions (the “Terms”). If you do not agree to these Terms or if we have not authorised you to access the Website and Materials, you must cease all further use. For ease of reference, “we”, “us” and “our” shall refer to LIFT for Learning and “you”, “your” and “yours” shall refer to you as user of the Website and/or Materials (whether you access the Website and/or Materials in your own capacity or on behalf of another person or organisation) and, where applicable, the person or organisation you are acting for. 

Information
About Us

The Website and Materials are provided by LIFT for Learning. We are a not-for-profit company limited by guarantee registered in England and Wales under company number 05544951 and our registered office and address is 26-28 Hammersmith Grove, London W6 7BA. Tel: 020 3402 2088
Email: admin@digismart.net

Background and Purpose

If we provide you with authorised access to a secure part of the Website (the “Authorised Area") and Materials you agree that such access is solely for the specific purposes of participating in the Digismart® research and trials (the “Purpose”).

Registration and Passwords

Where we authorise you to access the Authorised Area and use the Materials, we will allocate you with an individual user name and unique password. You agree that the information you provide to us is accurate and where you act on behalf of another person or organisation, you have their authority to accept these Terms. You agree to keep your user name and password safe and not disclose them to anyone. You will be responsible for all damage arising as a result of your disclosure of your user name and or password to another person which leads to unauthorised access or misuse of the Website and or Materials.

Confidentiality

DigiSmart® (including the Website and Materials) is a unique and progressive learning tool developed for and wholly owned by the registered charity SHINE: Support and Help in Education, registered charity number 1082777 (“SHINE”). You acknowledge the importance of ensuring that the concepts, content and design of the Authorised Area and Materials stay confidential.

YOU UNDERTAKE AT ALL TIMES TO KEEP CONFIDENTIAL AND NOT DISCLOSE THE INFORMATION IN THE AUTHORISED AREA AND MATERIALS WITHOUT OUR PRIOR WRITTEN CONSENT.

Where we permit you to access the Authorised Area and Materials for the purpose set out above, you are not permitted to disclose, copy or distribute any information that is in the Authorised Area or Materials and you must not publish all or any part of the information, concepts, content and designs, and/or Materials either in printed or digital formats or and whether by email, website, blog or any other social media channel. You warrant to us that you will only use such information and Materials solely for the Purpose set out above.

Data Protection

In order for us to provide the Services to you, we must collect certain personal data from you and process that data. Please read our Privacy Policy at http://www.digismartclub.net/privacy.htm as it contains important details about how we collect and use your personal data. You expressly agree to our use of your personal data in accordance with the Privacy Policy.

Ownership and Intellectual Property Rights

DigiSmart® is a registered trademark belonging to SHINE. The DigiSmart® project is developed and managed on behalf of SHINE by LIFT for Learning and copyright ownership of all of the works and materials (including the Website and Materials) comprising the DigiSmart® project belongs to SHINE and LIFT's other licensors and all rights are reserved by SHINE and LIFT's other licensors. We are the exclusive licensee of SHINE in respect of the DigiSmart® trademark and all other SHINE intellectual property comprising the DigiSmart® project. No part of the materials comprising the DigiSmart® project may be copied, downloaded, stored, shown, passed on, posted, republished, modified, broadcast, distributed or reproduced in any form or medium whatsoever without our prior written permission. As part of our licence to use some of the images and materials in the DigiSmart® project our licensor requires that we indemnify the licensor for misuse of the licensed images and materials. You agree that if you misuse these images and/or materials which causes a third party claim against us, whether by our licensor under its indemnity or otherwise, you will reimburse us and hold us harmless in respect of all of the costs, losses and damages we suffer in relation to the claim.

The Service

You acknowledge that the Website and Materials are provided without charge for the Purpose and accordingly are provided on an “as is” basis. Please note that we do limit our liability in relation to the Website and Materials and our full disclaimer is set out at http://www.digismartclub.net/disclaimer.htm

We will use reasonable endeavours to provide you with uninterrupted access to the Website and Materials, but please be aware that access may be suspended, restricted or terminated at any time.

Your Feedback

We always welcome constructive feedback and ideas which help us to improve our Service. Please note that by giving feedback to us, you grant us an irrevocable perpetual licence to use your feedback for any purpose relating to the Service.

Termination

We may suspend or terminate your access to the Authorised Area and Materials in our absolute discretion including: (a) if we reasonably believe that you have made any unauthorised use of the Website or Materials or that you are likely to do so; (b) if you have failed to perform any of your obligations under these terms or any related agreement between us and you including for the avoidance of doubt the Participant Agreement; (c) on termination of the Participant Agreement for any reason; or (d) at the end of the research or trials.

Changes to Terms

We may change these Terms at any time. Please check this web page regularly as you will not be notified individually of any changes. Your continued use of the Website and Materials after such changes shall constitute your acceptance of them.

Governing Law

These Terms shall be governed by the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.

 

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