RethinkCloud Readiness Tool - Terms of Use

Terms of Use – Important Legal Notice

South West Grid for Learning Trust Ltd (referred to as “SWGfL", "The Grid", “We” and “Us”) is committed to providing clear guidance on the use of our products and services.

This page and the terms and conditions of use on it (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.RethinkCloud.org.uk (“our Site”), whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Site. By using our Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Site.

Information About Us

www.RethinkCloud.org.uk is a site operated by SWGfL. We are registered in England and Wales under company number 05589479 and have our registered office at Belvedere House Pynes Hill, Woodwater Park, Exeter, Devon, EX2 5WS. Our main trading address is Belvedere House Pynes Hill, Woodwater Park, Exeter, Devon, EX2 5WS. Our VAT number is GB 880 8618 88.

  1. Accessing Our Site

    1. Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
    2. When using our Site, you must comply with the following provisions or any other provisions posted as an acceptable use policy from time to time.
      1. You are prohibited from posting or transmitting to or from the Website any material:
        1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
        2. for which you have not obtained all necessary licences and/or approvals; or
        3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
        4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
      2. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
  2. Registration And Use Of RethinkCloud

    1. Access to the SWGfL RethinkCloud self-review tool (“RethinkCloud”) is restricted to users who have registered with us.
    2. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
    3. To register with SWGfL and use RethinkCloud you must be eighteen (18) years of age and over. Any registration by, use or access to our Site and/or RethinkCloud by anyone under 18 years of age shall be unauthorised, unlicensed and in violation of these terms.
    4. By registering with SWGfL, you warrant that all information that you submit to us through use of the Site and RethinkCloud is truthful and accurate and that you will maintain the accuracy of this information. We reserve the right to terminate your membership without warning if we believe that you are under 18 years of age.
  3. Benchmarking & Use of RethinkCloud

    1. The 360 degree safe Self Review Tool is offered by SWGfL to your Organisation as an on-line tool which is intended to enable your Organisation to:
      1. review ICT policies and procedures;
      2. identify strengths and weaknesses;
      3. benchmark ICT policy and provision against a range of other schools; and
      4. identify how the Organisation might improve provision.
    2. Benchmarking is a process by which one organisation’s relative position is compared against the averaged performance of a number of organisations. In order to provide a useful and valid benchmarking tool, SWGfL will store data held on your Organisation and others and generate averaged data from a number of organisations including your Organisation.
    3. This averaged data will be made available in an aggregated format to your Organisation and other organisations through the benchmarking functionality within RethinkCloud. SWGfL will also use the data in an aggregated format to report on the state of ICT provision in organisations and to identify, in general terms, the needs of organisations for various services, strategies and training.
    4. You agree on behalf of your Organisation that your Organisation's data submitted via RethinkCloud is correct and complete and does not mislead. You and the Organisation understand that the benchmarking provided by RethinkCloud is only of value if all the underlying data is accurate.
    5. Your Organisation (or any other organisation) can allow other individuals or organisations access to the data relating to your Organisation (or that other organisation) by granting them access to their RethinkCloud log-in details or creating an additional account for them.
    6. Your Organisation is responsible for and agrees to ensure that any persons or organisations to whom or which it allows access to its RethinkCloud agree to and shall act in accordance with this Privacy Policy/these Terms of Use.
    7. Your Organisation, but not any other person (including anyone given a log-in granted by your Organisation) may, if it wishes to do so, publish information about your Organisation’s RethinkCloud outcomes. Your Organisation cannot however publish the actual (and detailed) RethinkCloud tool and or website itself, as a matter of contract, in order to ensure appropriate commercial confidentiality in the interests of SWGfL.
  4. Intellectual Property Rights

    1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You may print off a reasonable number of copies as may be required for your own personal use, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your Organisation to material posted on our Site.
    3. You must not modify copies, whether paper, digital or in any other format, of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
    5. You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
    6. If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  5. Reliance on Information Posted/Use of 360 degree safe

    1. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. Furthermore where you are registered to use RethinkCloud you acknowledge that it is a tool which facilitates your own review of ICT within your Organisation, including that of children and young people, staff and volunteers who have online access in its widest sense (including without limitation internet access via computers, mobile phones, hand held devices and games consoles) in your environment or as part of your activities. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials and RethinkCloud by any visitor to our Site, or by anyone who may be informed of any of its contents.
    2. Our Site is subject to regular and frequent change. We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
  6. Our Liability

    1. Subject to the provisions below our total liability to you as a user of our Site whether in contract, tort (including the tort of negligence) or otherwise shall not exceed £10.00.
    2. The material (including without limitation RethinkCloud) displayed on our Site is provided free of charge for use and is without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
      1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
      2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site (including, without limitation, RethinkCloud) or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it (including, without limitation, RethinkCloud), including:
        1. loss of income or revenue;
        2. loss of business;
        3. loss of profits or contracts;
        4. loss of anticipated savings;
        5. loss of data;
        6. loss of goodwill;
        7. wasted management or office time;
          and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
      3. The limitation and/or exclusion of our liability above does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
  7. Information About You And Your Visits To Our Site

    1. We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
  8. Uploading Material To Our Site

    1. Whenever you make use of a feature that allows you to upload material to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in paragraph 1.2 or as otherwise set out in our Terms of Use or acceptable use policy as issued from time to time. You warrant that any such contribution does comply with those standards, and you indemnify us and will keep us indemnified for any breach of that warranty.
    2. Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
    3. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.
    4. We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the content standards set out in set out in paragraph 1.2 or as otherwise set out in our Terms of Use or acceptable use policy as issued from time to time.
  9. Viruses, Hacking And Other Offences

    1. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server(s) on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack, a distributed denial-of service attack or any other action intended to prevent access to our Site.
    2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
    3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
  10. Linking To Our Site

    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    2. You must not establish a link from any website that is not owned by you.
    3. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in paragraph 1.2 and our acceptable use policy as issued from time to time.
    4. If you wish to make any use of material on our Site other than that set out above, please address your request to ecs@swgfl.org.uk
  11. Links From Our Site

    1. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  12. Jurisdiction and applicable law

    1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.
    2. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
  13. Variations

    1. We may revise these Terms of Use including (without limitation) those relating to RethinkCloud at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site.
  14. Cookies

    1. Our websites use cookies to distinguish you from other users of our websites. This helps us to provide you with a good experience when you browse our websites and also allows us to improve our Site. Details of the cookies we use on our Site and our policy in relation to cookies can be found in the Privacy Policy.
    2. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Site. You can find out how to block cookies in the Privacy Policy.
  15. Your Concerns

    1. If you have any concerns about material which appears on our site, please contact ecs@swgfl.org.uk. Thank you for visiting our Site.