IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.

 

This (“Website”) is owned, operated and maintained by Frog Education Limited (registered number 03935677) whose registered office is at 3rd Floor D Mill, Dean Clough, Halifax, West Yorkshire, England, HX3 5AX(“Frog Education”, “we”, “us”, “our”)

The use of this Website is subject to the terms and conditions of use in Section A (“Terms of Use”). The Terms of Use set out rules for how we run the Website and the how you must use the services we provide through it.

Section B sets out the basis on which any personal data we collect from you, or you provide to us, will be processed by us (“Privacy Policy”).
 

Section A - Terms of Use

 

Use of the Website

You may be required to register with us to use all or part of the services provided on our Website including the upload and posting of comments (including, but not limited to, any text, computer script, code, photographs, graphics, video or audio or web links to the same) (“Contribution”).

From time to time we may restrict access to some parts of the Website, or our entire Website, to users who have registered with us.

Your participation in the services offered by the Website is at your own risk. We are not liable for any loss, damage or injury which results directly or indirectly from your participation in the Website and associated events (including downloading other users’ Contributions) unless such loss, damage or injury is caused by our breach or negligence. We will not be liable for any loss, damage or injury caused by you, or your failure to make proper and reasonable efforts to mitigate your loss, or if such loss, damage or injury is due to events outside our reasonable control. We accept no liability for viruses. You are recommended to take all appropriate safeguards before downloading information or images from the Website.

Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website, it is provided on an "as is" basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website.

 

Contributions

If you are uploading a Contribution to the Website you agree to grant us, free of charge, permission to use the material and give consent that the Contribution and your profile will be published on the Website, and will be able to be seen, shared amongst and accessible by any users of the site. If the Contribution includes another person, you warrant that the other person has consented to be in your Contribution and to putting your Contribution on the Website.

Your Contribution must:

• be accurate (where they state facts);
• be genuinely held (where they state opinions);
• comply with applicable law in the UK and in any country from which they are posted.

Your Contribution must not:

• contain material or links to material which uses another person’s image or invades their privacy without their consent;
• contain any material or links to material which is defamatory of any person;
• contain any material or links to material which is obscene, offensive or hateful;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• deceive any person;
• give the impression that it emanates from us if this is not the case.

 

You agree that we can use your Contribution as part of any Frog forum facility on this Website, including making it available to any other users of the Website for download. You will retain the copyright of your Contribution. All trademarks, titles and copyrights used in this Website relating to third party publications and materials are owned by their respective holders. Any other intellectual property rights relating to this Website (unless otherwise stated) are owned by us.

You warrant to us that your Contribution does not breach copyright or any other intellectual property rights and that you have not included or copied another person's material without their consent or licence, and you indemnify us against any loss they may suffer as a result of a claim that the Contribution contains any third party’s intellectual property rights. If you have used another person’s material, you undertake to ensure that the original creator has given you permission in advance to use it and to have it published by us on the Website, without any payment, and that the original creator has waived any moral rights they may have in the Contributions.

 

Prohibited Activities

When using this Website you will observe the following provisions and restrictions (which apply in respect of the use of the Website and (where relevant) in respect of any Contributions also):

• You will only use the Website for lawful purposes. You may not use the Website in any way which violates any applicable local, national or international law or regulation or common standards of decency (including, but not limited to, defamatory statements, libel, slander, invasion of privacy, breach of data protection, breach of confidentiality, financial laws, harassment, obscenity, pornography, promoting violence export laws and regulations, and infringement or misappropriation of another party’s copyrights, trademarks, patents, trade secrets or other intellectual property rights).
• You will not send or cause to be sent unsolicited commercial messages or communications in any form (spam).
• You will not use the Website in such a way as to risk or cause loss, damage or destruction of data.
• You will not use the Website in such a way that brings or could bring Frog Education or any user of the Website into disrepute.
• You will not knowingly transmit any material (including through uploading Contributions) which threatens the integrity and/or security of any network or computer system (including, but not limited to, transmission of worms, viruses, trojans and other malicious codes and accessing any device or data without proper authorisation).
• You will not reproduce, duplicate, copy or re-sell any part of the Website except as permitted by these Terms of Use.
• You will not interfere with, damage or disrupt any part of the Website, any equipment or network used for the storage of the Website or any software used in the provision of the Website. For the avoidance of doubt, this provision applies to any equipment or network or software owned or used by any third party.
• You will not attempt to obtain unauthorised access to the Website, such as attempting to circumvent or circumventing any authentication, registration or other security feature of any system, network or account. This includes accessing any data not intended for the user, logging into a server or account the user is not authorised to access, or probing the security of any system, network or account.
• You will not promote any discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• You will not infringe any copyright or other intellectual property right of any other person, nor breach any other legal duty owed to a third party. This obligation extends to advocating, promoting or assisting any such unlawful act.

  

Links to third party websites and restrictions

The use of third party websites is entirely at your own risk. Links contained in the Website will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party's website.

These Terms of Use do not apply to any third party website linked to the Website. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website's contents to the relevant website provider.

You are not entitled (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.

 

Content / software

All content included on this Website, including text, graphics, logos, icons, images, software and source code, and the arrangement and compilation of such content and any databases are the property of Frog Education or its licensors and is protected by United Kingdom and international intellectual property laws, including, copyright laws.

You may print material (including Contributions) from the Website for your legitimate, private, educational and research purposes, but you may not charge a fee for any use and commercial use is expressly prohibited. Appropriate acknowledgment of the copyright owner is required if material is re-published in any format and no endorsement should be implied by its use. You must ensure that others to whom you provide these materials in accordance with the above are made aware of these restrictions.

  

Liability

These terms and conditions do not exclude our liability (if any) to you for:

• personal injury or death resulting from our negligence;
• fraud; and
• any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

 

We do not guarantee that this Website will be compatible with all or any hardware and software which you may use. We do not guarantee that this Website will be available all the time or at any specific time and no liability can be accepted in respect of losses or damages arising out of such unavailability. We reserve the right to withdraw or modify this Website at any time.

Due to the changing nature of the information contained in this Website, Frog Education shall not be liable for any damage or loss resulting from information accessible via this Website not being accurate, complete or current.

Due to the nature of communications over the Internet and the inherent risks of the transfer of data over the Internet, Frog Education shall not be liable for any damage or loss whatsoever resulting from viruses or the corruption or loss of data or damage to software or hardware.

Frog Education shall not be liable for any direct, indirect, special or consequential losses or damages whatsoever, howsoever arising (including but not limited to loss of business, loss of opportunity, loss of sale, loss of goodwill, loss of profits or increased costs).

The disclaimers set out above do not affect or prejudice any other Frog Education disclaimers or exclusions relating to this Website (whether or not contained in these terms) which we have communicated to you or which you have accepted by using this Website.

  

No contracting online

This Website is a purely information-only website and does not support any commercial or monetary transactions. Nothing on this Website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these Terms of Use which govern the relationship between us in relation to your use of the Website.

If you make a contract with a third party who is named or referred to on this Website, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.

  

General

Rules as to use or access to this Website are subject to the law of England and Wales and you agree to submit to the jurisdiction of the English Courts in relation to any matter or dispute arising out of or in connection with your use of this Website.

Any waiver or amendment of any of these Terms of Use will be effective only if signed by us and our failure to exercise or enforce any rule shall not constitute a waiver of such right or provision.

 

Our Rights and Remedies

We have the absolute discretion to determine whether there has been a breach of these Terms of Use through your use of the Website and we may take such action as we deem to be appropriate. We may issue a warning, written or otherwise, to you before taking such action. Further, we reserve the right to immediately suspend your access to the Website cancel any accounts and/or registrations, and remove any Contributions you have uploaded to the Website. We also have the right to disclose any information to law enforcement authorities as we reasonably feel is necessary.

In respect of Frog Community Group or forum, we have the absolute discretion to immediately remove a Frog Community Group or forum from the Website if we deem it necessary.

We have the right to seek damages from you for any loss, damage or injury which results directly or indirectly from your participation in the Website and associated events. Any damages sought will include a claim against you for reimbursement of all costs resulting from the breach.

  

Confidentiality

You and we acknowledge (subject to provisions contained in these Terms of Use allowing disclosure) that where one party (“the Recipient”) is exposed to certain information of the other party (“the Discloser”) and the Discloser considers and treats this information as confidential information that is not generally known to the public, the Recipient will treat this information as confidential information and will take all appropriate steps to protect the confidential information from unauthorised disclosure.

You acknowledge that any personal or commercially sensitive information which you make public by including it in your Contribution will become accessible by any user of the Website.

 

Modification of these Terms of Use

The examples listed in these Terms of Use are not exhaustive but are indicative of the type of breaches of this Terms of Use. We may change those examples or any of the terms of this Terms of Use at any time by updating this page. You should check this page from time to time to review the Terms of Use to ensure you are happy with any changes. Using or accessing this Website or associated services indicates your acceptance of this Terms of Use. If you do not accept this Terms of Use, please do not continue to use this Website or associated services.

 

Section B - Data Protection and Privacy Policy

 

We take the privacy of our users seriously. This Privacy Policy sets out how we use and protect any personal information that you give us when you use this Website. If you have any questions about this policy or do not agree with it, please contact our Data Protection Compliance Officer by any of the following means before using the Website:

3rd Floor, D Mill, Dean Clough, Halifax, West Yorkshire, HX3 5AX, United Kingdom

dataprotection@frogeducation.com

+44 (0)1422 250 800

 

We may change this Privacy Policy from time to time by updating this page. You should check this page from time to time to ensure you are happy with any changes. This policy is effective from August 2014.

  

What information do we collect?

In general, you can use this Website without giving us any information. However, additional services may be available if we have certain information about you.

We may collect the following information:

• your name and contact information (including email address) and any other details you provide to us;
• information that you provide by filling in registration forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to any services, posting Contributions through the Frog forum facility, or requesting further services;
• information you provide when you report a problem with our Website;
• records of any correspondence when you contact us.

 

What do we do with the information we collect?

We use this information to provide you with a better service, and in particular for the following reasons:

• to facilitate use of the services we provide to you and other users of this Website;
• to attribute (where applicable) copyright ownership to you;
• internal record keeping; and
• to improve our services.

We may contact you by e-mail, phone, or post, unless you have registered with the appropriate Preference Service.

 

Direct Marketing

We would like to provide you with information about new products, services, promotions, special offers and other information which we think you may find interesting. We may send you such information by telephone or post, unless you have registered with the appropriate Preference Service. When you provide us with information, you will be given the option to let us know that you do not want your information used for direct marketing purposes. If you request this option, we will not send you any direct marketing.

You can change your mind at any time by contacting our Data Protection Compliance Officer.

  

Email Marketing

We would also like to provide you with the information above by e-mail. However, we appreciate that email “spam” has become a problem in recent years.

If you are a registered user or you have previously asked us for information on our products and services, we may send you such information by e-mail, unless you have asked us not to do so.

If the reason you have given us personal information is to receive e-mail information from us, we will continue to provide this information by e-mail unless you ask us not to do so. Otherwise, when you provide us with personal information, we will ask you whether or not you are happy for us to send you this kind of information by e-mail.

If you decide at any time that you no longer wish to receive marketing emails from us, please contact our Data Protection Compliance Officer.

  

Whom do we share this information with?

We will not transfer, disclose, sell, distribute or lease your personal information to third parties unless we have your permission or are required by law.

  

How to get copies of or amend the information we have collected

You may request details of personal information which we may hold about you under the Data Protection Act 1998. A processing fee of £10 will be payable per Subject Access Request (SAR) and the fee is not refundable if the result of the search shows that there is no information to be supplied. If you would like a copy of the information held on you please write to our Data Protection Compliance Officer at Frog Education Limited Ltd., D Mill, Dean Clough, Halifax, West Yorkshire, HX3 5AX, United Kingdom.

All SAR requests need to be made in writing (not email) - there’s no legal format to follow when making a request however as there is certain information we require before we can process your request, we can provide you with a suitable form to complete, which you should post back to us with a cheque for the £10 administration fee and the required ID documents.

If you think any information we have about you is incorrect or incomplete, please write to us as soon as possible. We will correct or update any information as soon as possible.  
 

Cookies

We use cookies for certain areas of our Website. Cookies are files that store information on your hard drive or browser that means that our Website can recognise that you have visited our Website before. They make it easier for you to maintain your preferences on the Website (including by re-numbering your login details when you access restricted areas of our Website), and by seeing how you use the Website, we can tailor the Website around your preferences and measure usability of the Website. You can, should you choose, disable the cookies from your browser and delete all cookies currently stored on your computer. On Microsoft Internet Explorer, this can be done by selecting “Tools/Internet Options” and reviewing your privacy settings or selecting “delete cookies”. This may prevent you from taking full advantage of the Website. You can find out how to do this for your particular browser by clicking "help" on your browser's menu or by contacting us.