Terms of Website Use – Important Legal Notice

These Terms and Conditions of Use together with any documents referred to in them (the “Terms of Use”) apply to the website located at http://360digital.swgfl.co.uk and all associated websites owned by the South West Grid for Learning Trust Ltd (referred to as “SWGfL”, “We” and “Us”) and its subsidiaries (collectively, the “Site”).

The Site is the property of SWGfL. By using the Site, you agree to these Terms of Use. If you do not agree, please do not use the Site.

These Terms of Use tell you the terms of use on which you may make use of the Site, whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Site.

SWGfL reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Information about us

The Site is operated by SWGfL. We are registered in England and Wales under company number 05589479 and charity number 1120354 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 the Site

    1. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
    2. When using the Site, you must comply with the following provisions or any other provisions posted within or as part of an acceptable use policy (or “AUP”) from time to time.
    3. You are prohibited from posting or transmitting to or from the Site 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. 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).
      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. for which you have not obtained all necessary licences and/or approvals; or
      5. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them.

  2. Registration and Use of the Site

    1. Access to the Site 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 restrict access to the Site (including disabling 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 the Site you must be eighteen (18) years of age and over. Any registration by, use or access to the Site by anyone under 18 years of age shall be unauthorised, unlicensed and in violation of these Terms of Use.
    4. By registering with SWGfL, you warrant that all registration information and information about you and your organisation that you submit to us through use of the Site is truthful and accurate and that you will maintain the accuracy of this information. We reserve the right to restrict access to the Site if we believe that you are under 18 years of age.

  3. Benchmarking and Use of the Site

    1. The Site is offered by SWGfL to your organisation as an online self-review tool and part of the SWGfL 360 degree safe service, which is intended to enable your organisation to:
      • review online safety policies and procedures;
      • identify strengths and weaknesses;
      • benchmark online safety policy and provision against a range of other organisations; and
      • identify how the organisation might move practice from one level to another.
    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 elements of the Site. SWGfL will also use the data in an aggregated format to report on the state of online safety provision in organisations and to identify, in general terms, the needs of organisations for online safety services and training. This may include reporting to local bodies such as Local Safeguarding Children's Boards who are responsible for protecting children and young people from online safety risks in their area.
    4. You agree on behalf of your organisation that your organisation's data submitted via the Site and/or 360 degree safe is correct and complete and does not mislead. You and the organisation understand that the benchmarking provided by the Site and/or 360 degree safe 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 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 data within the Site agree to and shall act in accordance with this privacy statement / terms and conditions.
    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 360 degree safe outcomes. Your organisation cannot however publish the actual (and detailed) Site or 360 degree safe tool 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 the 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 the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.
    3. You must not modify the paper or digital copies 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 the Site must always be acknowledged.
    5. You must not use any part of the materials on the 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 the Site in breach of these terms of use, your right to use the 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 the Site are not intended to amount to advice on which reliance should be placed. Furthermore where you are registered to use 360 degree safe you acknowledge that it is a tool which facilitates your own review of online safety within your school, 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 360 degree safe by any visitor to the Site, or by anyone who may be informed of any of its contents.
    2. We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the 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 the Site whether in contract, tort (including the tort of negligence) or otherwise shall not exceed £10.00.
    2. The material (including without limitation 360 degree safe) displayed on the Site is provided free of charge 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:
    3. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
    4. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with (including, without limitation, 360 degree safe) the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it (including, without limitation, 360 degree safe), 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
      8. 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.
    5. 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 the Site

    1. We process information about you in accordance with our Privacy Notice. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
    2. You can find our Privacy Notice at swgfl.org.uk/terms.

  8. Communicating with You

    1. We may, from time to time, send emails or other electronic communications to you in relation to your use of the Site and our services. These communications are intended to:
      1. provide you with updates about the Site, the usage of the Site by your organisation and other organisations, and ways in which the Site can help to address the aspects in paragraph 3.1 of these Terms of Use;
      2. provide you with information that may assist you with improving online safety and information security more generally;
      3. provide you with information about other products and services we offer that are similar to those that you have previously utilised or enquired about; and
      4. resolve any issues there may be or that you may have with the Site or our other products and services.
    2. We may also respond to communications that you send us.
    3. These communications are based on processing of personal data that is necessary for our legitimate interests. The legitimate interests we are pursuing are the operation of the Site and the delivery of our services.

  9. Uploading Material to the Site

    1. Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in paragraph 1.2 or as otherwise set out in our 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 the 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 the 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 the Site.
    4. We have the right to remove any material or posting you make on the 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 acceptable use policy as issued from time to time.

  10. Viruses, Hacking and other Offences

    1. You must not misuse the 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 the Site, the server(s) on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
    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 the 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 the Site or to your downloading of any material posted on it, or on any website linked to it.

  11. Linking to the 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 to the Site from any website that is not owned by you.
    3. The Site must not be framed on any other site, nor may you create a link to any part of the 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 the Site other than that set out above, please address your request to enquiries@swgfl.org.uk.

  12. Linking from the Site

    1. Where the 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.

  13. Jurisdiction and applicable law

    1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or use of the 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.

  14. Variations

    1. We may revise these Terms of Use including (without limitation) those relating to the Site and to 360 degree safe 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 the Site.

  15. Cookies

    1. The Site may use cookies to distinguish you from other users of the Site. This helps us to provide you with a good experience when you browse the Site and also allows us to improve the Site.
    2. For information on what cookies may be set when you visit the Site and the purposes for which we use those cookies, please see our Cookie Notice at swgfl.org.uk/terms. By continuing to use the Site, you are agreeing to our use of cookies in the manner described in the Cookie Notice.
    3. If you wish to restrict or block the cookies which are set by the Site (or, indeed, on any other site) you can do this through your browser settings. The ‘Help’ function within your browser should tell you how. If you are primarily concerned about third party cookies generated by advertisers, you can turn these off by going to the Your Online Choices site at http://www.youronlinechoices.com/uk/your-ad-choices.
      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 the Site.
    4. Alternatively, you may wish to visit http://www.allaboutcookies.org/ which contains comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete cookies from your computer, as well as more general information about cookies. Please note that, as these websites are not owned or operated by us, we are not responsible for any of the content on them.

  16. Your concerns

    1. If you have any concerns about material which appears on the Site, please contact enquiries@swgfl.org.uk.

Thank you for visiting our Site.