Terms and Conditions

1.Terms and Conditions

 

1.1 This Website is provided by Creative Learning Systems Ltd whose address is Moulsham Mill, Parkway, Chelmsford, Essex, CM2 7PX ("CLS" or "we" or "us"). These terms and conditions govern your use of this website, including your use of any materials, information and services which may be made available to you from this website.


1.2 By using the CLS site you accept and agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use this website.

  

1.3 We may amend these terms and conditions at any time by posting such changes on the website. It is your responsibility to familiarise yourself with these terms and conditions regularly to ensure that you are aware of any changes. Your continued use of this website following the posting of any such changes will constitute your acceptance of the revised terms and conditions.

 

  

2 Disclaimers and Liability

 

2.1 Creative Learning Systems Ltd has used all reasonable care and skill in creating the website and collating, creating and publishing the information on this website but makes no guarantee or warranty as to the accuracy of this information, that this information will meet individual requirements or that the website will be uninterrupted, secure, error-free, or free of viruses or other harmful components.

 

2.2 This website is provided for information and guidance only and is not intended to replace formal consultation, advice or guidance.

 

2.3 This website and the materials published or posted on this website are intended for use within the participating CLS organisations, and other authorities, by invitation.

 

2.4 You acknowledge and agree that Creative Learning Systems Ltd will not be liable to you or any person for any claims, losses or damages (whether direct, indirect or consequential) that may arise from your use of this website or any materials or information published on this website, except to the extent that such liability cannot be excluded by law.

 

2.5 Save as precluded by law, Creative Learning Systems Ltd will not be liable to you for any indirect, incidental or consequential damages or expenses arising from breach of contract, tort or otherwise in connection with these terms and conditions, this website and/or the content posted by you (including but not limited to any loss of data, damage to goodwill or reputation, business interruption or wasted expenditure) howsoever arising out of your use of this website even if we have been advised of (or know or should have known of) the possibility of such damages).

 

2.6 This website and the content of this website are provided on an "as is" and "as available" basis. Other than expressly set out in these terms and conditions, Creative Learning Systems Ltd makes no representations or warranties, express or implied, including any warranties of accuracy, currency, timeliness or fitness for a particular purpose. To the extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

 

2.7 Indemnity by Platform User (the User)

 

The User shall indemnify CLS and keep Creative Learning Systems Ltd indemnified, from and against any and all loss, damage or liability whether criminal or civil suffered and legal fees and costs incurred by the Creative Learning Systems Ltd because of any neglect or default of the user or his agents, employees, licensees or customers in connection with use of the platform or the business that may be conducted on the platform or any other reason so long as the loss, damage, liability, fees or costs resulted from use of the Platform the and was not due to any default of the Creative Learning Systems Ltd.

  

2.8        Indemnity by Creative Learning Systems Ltd

 

Creative Learning Systems Ltd will indemnify the User, and keep them indemnified, from and against any and all loss, damage or liability whether criminal or civil suffered and legal fees and costs incurred by the User in the course of using the Platform for the designated Services because of:   

 

2.8.1     any act neglect or default of Creative Learning Systems Ltd or their agents, employees, licensees or customers;

 

2.8.2     the proven infringement of the intellectual property rights of the User;

 

2.8.3     any successful claim by a third party alleging libel or slander in respect of any matter arising from the conduct of the Services for which the Platform may be used;

 

  provided that such liability has not been incurred by the User through any default by them in carrying out the terms of this agreement.

 

  

3. Access to the Website and Content

 

3.1 Access to this website is permitted on a temporary basis and we reserve the right, from time to time without notice, to: suspend, restrict or terminate access to any part of this website; and change, modify, substitute or remove any information or content on the website.

 

3.2 We shall not be liable if for any reason this website, or the content of this website, or any other site to which it links, is not available for any reason. 

 

 

4. Rights and Use of the Website

 

4.1 Creative Learning Systems Ltd and its licensors retain all rights, title and interest in and to this website and the information and materials published or posted on this site. These works are protected by intellectual property rights and all of Creative Learning Systems Ltd's copyright is protected by crown copyright. Your use is governed by applicable law and is restricted as set out in these terms and conditions. For further details see also the "Copyright Statement", below.

 

4.2 You may access and print or download extracts of information and materials contained on this website ("Materials") for your own personal reference, but you may not (and shall not allow others to): sell, transfer, sub-licence, distribute, reproduce, modify, alter or create derivative works from the Materials; or remove or alter any proprietary notices from or embedded within the Materials.

 

4.3 You shall not (nor allow others to): breach or attempt to breach the security of this website; modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter this website, any software or code that forms part of this website or any of the materials; use this website in any way which may cause the website or access to the website to be interrupted, damaged or impaired; or use this website to knowingly transmit any data, or send or upload any material that contains viruses, trojans, worms, logic-bombs or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

4.4 The trade marks, graphics and logos used on or in connection with this website (other than those freely available to all organisations) belong to Creative Learning Systems Ltd and its licensors. You are granted no rights to use such marks and any unauthorised use is strictly prohibited.

 

4.5 All rights not expressly granted in these terms and conditions are reserved to Creative Learning Systems Ltd and its licensors.

 

4.6 Users and contributors must be aware that certain sites, applications, feeds, etc, may be closed for a defined period (purdah) before local and national elections to comply with current legislation. 

 

  

5. Privacy

 

5.1 Any information you submit through this website will be used in accordance with the privacy policy. In all cases the privacy policy wording will prevail over the following wording, and may be updated periodically. Please refer to that policy for more detail.

  

5.1.1 If you do not accept the privacy policy, you may not use this website.

 

5.2 Cookies 

 

A cookie is a small piece of information held in a text file and stored on your computer by this web site in order to make your use of the site simple and unobtrusive and help us understand how the site is used. It is often a unique string of numbers or a set of letters in a text file that takes up very little space. It is stored by your web browser in a special folder for temporary internet files. 

The CLS site uses session cookies that are stored only for as long as you visit the site and is then automatically deleted the moment you log out and navigate to a different web site. It helps us identify who you are and therefore show you the information relevant to you, such as courses you are enrolled in.

These cookies are fundamental to the correct operation of this site and expire when you log out. As such, we do not require your consent to use them. There may be other cookies used on the site which are from social media apps that may have been embedded in the system. We do not have control over these cookies, and you may safely block those, if you wish.


5.3 Web Server Log Files

 

5.3.1 Internet Protocol (IP) addresses are used by your computer every time you are connected to the Internet. 

 

5.3.2 Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web servers so that data (such as the web pages you request) can be sent to you. 

 

5.3.3 Web server log files are used to record information about our site, such as system errors. CLS also uses log files to monitor site traffic. 


5.4 Security

 

5.4.1 Whilst we employ security measures to protect the information provided by you, the transmission of information via the Internet cannot be completely secure and Creative Learning Systems Ltd cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk. 

 

5.4.2 Once we have received your information, we will use appropriate security procedures and features aimed at preventing any unauthorised access, unlawful processing, accidental loss, destruction or damage. 

 

5.5 Accessing and updating your information

 

5.5.1 You are entitled to see a copy of the information that we have collected from you and that we maintain. If you wish to do this, you may visit your ‘profile’ page, or download the data in XML format from your ‘Dashboard’ page. You may ask us to make changes to the information provided by you and/or held about you and that you are unable to edit for yourself, to ensure that it is accurate and kept up to date. 

 

5.6 We will only perform the activities outlined above to the extent that such activities will not compromise privacy, security or any other legal interests.

 

5.17 Links to external sites This website may contain links to other websites, both those of government departments and of other private sector organisations. This privacy policy applies only to this website, so when you are moving to another site which collects personal information you should always read the privacy policy relating to that website. For the avoidance of doubt, we do not pass on any personal information you have given us to any other website operators.

 

5.8 Contact 

For all comments, queries and other requests relating to our use of your information, please email the appropriate part of the organisation as listed on our Contact Us page, email us at admin@clsystems.co.uk or notify us in writing by contacting: Creative Learning Systems Ltd, Moulsham Mill, Parkway, Chelmsford, Essex, CM2 7PX. 

 

  

6 Your Information

 

6.1 As a user of this website you will need to set up and maintain an account by providing an individual email address user name and password. You are solely responsible for keeping your password confidential and secure at all times. You should notify the service help desk immediately if you become aware of any unauthorised access to your account. In no event shall Creative Learning Systems Ltd be responsible for any loss you may suffer as a result of any misuse of your account and/or password. 

 

6.2 Unauthorised access or using someone else’s login is prohibited.  

 

6.3 Once you have created an account, you may request access to those community forums of which you wish to become a member. Each community has its own criteria for membership acceptance. In order to assess whether you satisfy the membership criteria for a particular community, community coordinators may contact you for further information.  Creative Learning Systems Ltd decides, in its sole discretion, whether a particular user satisfies the membership criteria for a particular community. If you have any queries regarding your account or membership of community forums please email the website administrator. 

 

6.4 You agree to provide current, complete and accurate information required to complete your account registration and at other times as may be required in the course of using this website ("registration data"). You further agree to maintain and update registration data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, Creative Learning Systems Ltd or its suppliers are not responsible for any actions that result from this. 

 

6.5 When acting in an official capacity on the web Council employees must use their “name.gov.uk” email address (or other similar official work email address) on their accounts. 

 

6.6 Users on CLS should identify themselves as such where appropriate on professional networking applications. For example, by providing information including organisation, job title, contact details and responsibilities on their profile.

 

6.7 Users should ensure that any contributions they make on professional networking sites are professional and appropriate and uphold the reputation of their Council. 

 

6.8 Users should remain aware that all materials, views, data and communications sent over the CLS system are monitored for acceptable use (see below) and that any breach of this acceptable use policy will be dealt with in accordance your host organisation professional conduct standards.   

 

  

7. Acceptable Use 

 

7.1 Users shall not use the website to view, download, save, receive, or send material related to or including:

 

Offensive content of any kind, including pornographic, lewd, obscene or offensive material

Promoting discrimination on the basis of race, gender, national origin, age, marital status, sexual orientation, religion, or disability

Threatening or violent behaviour or inflammatory language Illegal activities

Commercial messages

Messages of a religious or political nature (with the exception of permitted trade union use) or racial nature Gambling Sports and entertainment

Personal financial gain

Forwarding e-mail chain messages, jokes, or cartoons etc.

Spamming e-mail accounts from the organisation's e-mail services or other machines

Material protected under copyright laws

Sending confidential information by e-mail (unless encrypted) or over the Internet

Opening files received from the Internet without performing a virus scan

Tampering with your organisations corporate identity in order to misrepresent yourself and/or the organisation to others.

 

7.2 CLS professional networking applications must not be used for party political purposes or specific campaigning purposes   

 

7.3 The use of social media must not breach the user’s own authority’s misconduct, code of conduct, equal opportunities or bullying and harassment policies or the law.   

 

7.4 Where individuals from partner organisations are involved and are acting on behalf of Creative Learning Systems Ltd, they will also be expected to sign and agree to the terms outlined in this Professional Media Policy. 

 

7.5 We may from time to time provide interactive services on the website, including, without limitation discussion forums, bulletin boards, ask the expert, wikis and/or blogs (together "Interactive Services").

 

7.6 We are under no obligation to oversee, monitor or moderate any of the Interactive Services on the website, and we expressly exclude our liability for any loss or damage arising from your use of such service, whether the service is moderated or not. We reserve the right to delete, take-down or suspend access to any content transmitted to or published via the Interactive Services at any time.

 

7.7 You must be over the age of 16 to access and use our Composica Authoring tool Interactive Services.

 

7.8 You may only use the Interactive Services for lawful purposes. You may only transmit or publish content which is relevant to the subject matter under discussion and in which you own all intellectual property rights or for which you have authorisation from the person who owns those rights. You may not use such services to upload, transmit or publish any content which: personally identifies any individuals (whether by name or inference of identity) unless you have the express authorisation to do so from that individual or his/her agents; is fraudulent, malicious, defamatory, obscene, racist, discriminatory or designed to offend (including, but not limited to, the use of swear words or other inappropriate language) or to cause annoyance or harassment; is illegal, abusive, threatening, indecent or menacing; promotes sexually explicit material, violence or illegal activity of any kind; infringes third party's intellectual property rights or confidence or privacy rights; consists of disputes of a personal nature, political announcements, commercial solicitation or advertising, chain letters, mass mailings or spam; or contains software viruses or anything else which may have a contaminating or destructive effect on any part of the website or any related technology.

 

7.9 Creative Learning Systems Ltd and its suppliers have the right to monitor all aspects of the CLS platform and report any concerns to the relevant Head of HR or other senior manager of that authority. We also may be required to supply information for Freedom of Information Act requests. 

 

7.10 Creative Learning Systems Ltd will determine, at its discretion, whether there has been a breach of these terms and conditions through your use of the Interactive Services. In the event of any suspected breach, Creative Learning Systems Ltd may take such actions as are deemed appropriate including, but not limited to, removing contributions made in the Interactive Services, passing on information to the relevant investigating authorities and blocking your user account access.

 

7.11 When using the Interactive Services or dealing with this website you may not use a false email address, impersonate any other person or entity or mislead the website or other users as to the origin of any electronic communications or content.

 

7.12 You are responsible for the information posted on the website under your username and password. All material which you contribute to the website through the Interactive Services must be accurate, complete and up to date (where they state facts) or genuinely held (where they state opinions). You are responsible for ensuring that any information posted is updated where necessary.

 

7.13 You agree to grant Creative Learning Systems Ltd a worldwide, royalty free, non-terminable, transferable licence to use, broadcast, publish, copy, distribute and disclose to third parties any material you contribute to the website.

 

7.14 Creative Learning Systems Ltd cannot guarantee that any material you contribute to the website will be secure or free from interception from third parties.

 

7.15 Creative Learning Systems Ltd will endeavour to remove any content available through the Interactive Services which causes or is likely to cause offence as soon as reasonably practical after we have been made aware of this. If you wish to make a complaint with regard to any content, please contact the website administrator.

 

  

8. Rules of Engagement when using any part of this system 

 

8.1 The users of the system:

 

Must be transparent and honest about their position, role and responsibilities when discussing their work or authority; write what they know; ask whether they are adding value and whether the information adding or detracting from their own corporate message; pause and think before sending messages.

If you are posting content which concerns you then take a moment to review the content and if necessary consult with the relevant manager. 

 

  

9. Third Party Service and Links

 

9.1 This website may contain links to third party websites. These links are provided for convenience only and, to the fullest extent permitted by law, Creative Learning Systems Ltd does not accept any responsibility for these websites, nor for any materials or information available from those sites.

 

9.2 This website may contain material relating to third party products and services. Reference to these third party products and services is for convenience only and is not an endorsement, invitation or recommendation by Creative Learning Systems Ltd to use or buy any of the products and services featured. Creative Learning Systems Ltd is in no way involved in the supply of such products or services, which shall be governed by the terms and conditions which you agree independently with that third party.

 

9.3 Any liability that may arise out of any transaction you may enter into with a third party is your own responsibility which you undertake at your own risk.

 

  

10 Suspension and Termination

 

10.1 Without any liability or further obligation of any kind whatsoever to you or any other party, Creative Learning Systems Ltd may terminate or suspend your use of and registration on this website at any time, with reasonable cause (including but not limited to your breach of these conditions or any inappropriate or unlawful behaviour on your part), in which event Creative Learning Systems Ltd will notify you by email.

 

10.2 The provisions of clauses 2.7 (your indemnity to Creative Learning Systems Ltd) and 7.8 (your licence to use any information posted) shall continue to apply after termination or suspension of your use of the website.

 

  

11 Third Parties 

 

11.1 Except for Creative Learning Systems Ltd's affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract.

 

11.2 This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act. 

 

  

12 Invalidity

 

12.1 If any of these terms and conditions are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.

 

12.2 If any of these terms and conditions are found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make such provision valid and enforceable.

 

  

13. Entire Agreement

 

13.1 These terms and conditions, together with our contact details and privacy policy, set out the whole of our agreement relating to your access to and use of this website.

 

  

14. Waiver

 

14.1 Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

 

  

15. Contact Details

 

15.1 If you require any further information, please contact Creative Learning Systems Ltd at the address given above in section 5.

 

  

16. Governing Law and Jurisdiction

 

16.1 These terms and conditions shall be governed by English law. You agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any disputes which may arise in connection with this website.

Last modified: Friday, 25 May 2018, 1:47 AM