These are the terms and conditions ('terms') that apply to use of this service ('the Website'), which is brought to you by the National Education Union, Hamilton House, Mabledon Place, London WC1H 9BD ('NEU').
The terms and conditions may be updated by National Education Union (NEU) from time to time without notice to you. You should review these terms and conditions periodically for changes at neu.org.uk. Your continued use of the website after changes have been posted means you agree to be legally bound by these terms as updated and/or amended. Particular National Education Union services may also be governed by additional or alternative terms of service, which will be posted on the relevant service.
National Education Union services
The National Education Union currently provides users of its site with access to various online resources including online forums, shopping services, specialist content through its network of properties (the 'Service'). Unless explicitly stated otherwise, any new features shall be subject to these terms and conditions.
The National Education Union reserves the right to revise these terms and conditions at any time.
Your registration obligations and supervising children
Certain aspects of the Service may require you to register and provide certain information about yourself. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the 'Registration Data') and (b) maintain and promptly update the Registration Data (by emailing the National Education Union) to keep it true, accurate, current and complete.
The National Education Union is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or teachers who wish to allow their children or pupils access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they may be able to access various services including message boards (among others). As the legal guardian, it is your responsibility to determine whether any of the Services and/or content are appropriate for your child or pupil.
Member account, password and security
The registration processes on the website may involve you giving a password and username. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify the National Education Union of any unauthorised use of your password or username and any other breach of security, and (b) ensure that you log out at the end of each session. The National Education Union cannot and will not be liable for any loss or damage arising from your failure to comply with this.
Terms and conditions
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ('content'), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the National Education Union, are entirely responsible for all content that you upload, post, email or otherwise transmit via the Service. The National Education Union does not control the Content posted by users of the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, there is a risk that you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- harm minors in any way
- impersonate any person or entity, including, but not limited to, a National Education Union staff member, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ('Rights') of any party
- upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- disrupt the normal flow of dialogue, cause a screen to 'scroll' faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
- intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange
- 'stalk' or otherwise harass another
- collect or store personal data about other users.
You acknowledge that the National Education Union does not pre-screen content, but that the National Education Union and people designated by it shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, the National Education Union and its designees shall have the right to remove any content that violates these terms and conditions or is otherwise objectionable.
The contents are not intended to address specific requirements or form specific advice. The National Education Union gives no warranty as to the accuracy, completeness or fitness of purpose of the contents or for keeping the contents up to date and accepts no liability resulting from your use of the contents. Thus, you agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any content created by the National Education Union or submitted to the National Education Union.
You acknowledge and agree that the National Education Union may preserve content and may also disclose content: (a) to its affiliated companies worldwide for the purpose of providing the content to you in an efficient manner, (b) for the purpose of properly administering your account in accordance with the standard operating procedures of the National Education Union or its affiliated companies, and/or (c) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms and conditions; (iii) respond to claims that any content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of the National Education Union, its users and the public. You acknowledge that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to adapt to technical requirements.
Special warnings for international use
Recognising the global nature of the Internet, you agree to comply with all local rules and laws regarding online conduct and acceptable content.
Rights in posted content
With respect to all content you post to publicly accessible areas of the Service, you grant the National Education Union the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold the National Education Union and its affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these terms and conditions, or your violation of any rights of another.
Unless stated otherwise, copyright and other intellectual property rights in the contents ('contents') of this website are owned by, or licensed to, the National Education Union. You may only print (or download or email) the contents for the purpose of private and personal non-commercial use, and may not otherwise copy, reproduce, distribute, republish, download, display, post or transmit, in any form whatsoever, or by any means, the contents without the express permission of the National Education Union.
General practices regarding use and storage
You acknowledge that the National Education Union may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that the National Education Union has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that the National Education Union reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the National Education Union reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to service
The National Education Union reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the National Education Unionshall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that the National Education Union, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if the National Education Union believes that you have violated or acted inconsistently with the letter or spirit of these terms and conditions.
Dealing with advertisers and merchants
Your dealings with advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) the National Education Union shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. The National Education Union does not necessarily endorse the views expressed within such sites. Because the National Education Union has no control over such sites and resources, you acknowledge and agree that the National Education Union is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the National Education Union shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
National Education Union proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ('Software') contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by the National Education Union or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
The National Education Union grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the National Education Union for use in accessing the Service.
The website and these terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the courts of England and Wales.
You expressly acknowledge and agree the following.
- Your use of the service is at your sole risk. The service is provided on an 'as is' and 'as available' basis. To the fullest extent permitted by applicable law, the National Education Union expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
- The National Education Union makes no warranty or representation that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from the National Education Union or through or from the shall create any warranty or other obligation not expressly stated in the terms and conditions.
Limitation of liability
You expressly acknowledge and agree that the National Education Union shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the National Education Union has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service of these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.
In particular, nothing in these terms and conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of the National Education Union.
The logo identifying the National Education Union is a trademark (the National Education Union 'Mark'). Without the National Education Union prior permission, you agree not to display or use in any manner, the National Education Union 'Mark'.
These terms and conditions (including the guides and rules referred to herein) constitute the entire agreement between you and the National Education Union and govern your use of the Service, superseding any prior agreements between you and the National Education Union. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our relationship with you is subject to English law and the exclusive jurisdiction of the English courts. Any failure by the National Education Union to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms and conditions remain in full force and effect.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.