Please read this Terms of Use agreement (the “Terms of Use”) carefully before accessing or participating in any service (the “Service” or “Services”) made available by Learnium at entry-point URL (learnium.net) and its related Sites (the “Site” or “Sites”). By using and participating in the Service, you signify and acknowledge that you have read the Terms of Use and the Privacy Policy and agree that they constitute a binding legal agreement between you (the “User”) and Learnium, and that you agree to be bound by and comply with them. If you do not agree to be bound by the terms of use and the privacy policy, please do not access the Service.

“Learnium” is a service provided by Learnium Limited, a company incorporated in England and Wales (registered no: 08764021) whose registered office is at 12 Devon Place, Newport, NP20 4NN.

“Institution” or “Parent Institution” is defined as the organisation that the User is either a current volunteer, alumni, staff member, employee at, student at, or has an engagement with to use the Learnium platform.

“Department” is defined as the sub organisation that the User belongs to or has an engagement with at the Parent Institution.

“User” is the person who is accessing the Learnium platform, applications or related sites. These are Learnium’s standard Terms & Conditions. In the event of any conflicting terms between these terms and the terms of the GCloud framework agreement, the terms of the GGloud framework agreement will take precedent.

Right of Modification

Learnium reserves the right to change or modify the Terms of Use at Learnium’s sole discretion at any time. Any change or modification to the Terms of Use will be effective immediately upon posting by Learnium. For any material changes to the Terms of Use, Learnium will take reasonable steps to notify you of such changes. In all cases, your continued use of the Service after publication of such modifications, with or without notification, constitutes binding acceptance of these modified Terms of Use.

Accessing the Service

Learnium is currently a closed platform. You are only allowed to access the Service (to create an account) if you have received explicit permission from Learnium, if your institution has a trial agreement with Learnium or if your institution has purchased services from Learnium. Learnium reserves the right to terminate any account that does not comply with this rule.

Institution Staff or Employers accessing the Service represent and warrant having permission from your Department or Institution to enter into these Terms of Use, and that you have the authority to bind your Department or Institution to these Terms of Use.

Creating an Account

To use the Service, you need to either create an account on the Site or sign in using Google or any other sign in tools Learnium makes available. You will agree to keep the password you choose for the Service secure, for your own sole use, keep it confidential and not share it with anybody.

If your teacher, employer, university or institution provides Learnium with your email address, an account may be automatically created for you, which you will be notified of. You may choose to activate your account by logging in using your email address.

You agree to keep your contact information up to date and accurate, and will not provide any false information when creating or updating your Learnium account. You will not use Learnium if you are a convicted sex offender or communicate with under age users if you have not been appropriately CRB/DBS checked.

Content Rights

You (or your parent institution) own(s) all of the content and files you upload to the Learnium platform, with the following exceptions:

1. You agree to grant Learnium a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP that you post on or in connection with Learnium. Your IP will always be subject to your settings and permissions within Learnium and your license grant will expire once you or the recipient of your content deletes it from the Learnium platform.
2. When you delete content on Learnium you understand that content may remain on Learnium’s servers or within backup copies within a reasonable period of time (although will not be available).
3. When you use a partner application on Learnium, the application may request access for your content or information. By allowing the application to access your information on Learnium, you permit Learnium to distribute your content and information to these services. These services act independently of Learnium and will have their own Terms of Service, which you should consult if necessary.
4. Learnium is under no obligation to compensate you for any ideas, feedback or other suggestions your provide.
5. The user grants Learnium consent to publicise the fact that the user’s institution has users on the platform and details within reason to promote the platform.

Rules of Conduct

You agree to use the Service in accordance with all applicable local, state, national and international laws and only for the purposes in which it was intended. You agree that you will NOT do any of the following while accessing or using the Service:

• use the Service for any unlawful purposes or for promotion of illegal activities
• share or post content that defames, harasses or threatens others, contains obscene (for example pornographic) language or images
• share or post content that infringes or misappropriates another’s intellectual property rights
• share or post content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties
• share or post content that is otherwise unlawful or that violates any applicable local, state, national or international law
• advertise, or promote any form of commercial solicitation
• use the Service for the purpose of spamming anyone or harming other users or visitors to the Sites
• bully, intimidate, harass or cause distress to any other user
• access or tamper with non-public areas of the Service, Learnium’s computer systems or the technical delivery systems of Learnium’s providers
• probe, scan, or test the vulnerability of any system or network which breaches or otherwise circumvents any security or authentication measures
• reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.
• use any Learnium branding, copyrights, trademarks or sales materials without prior written permission from Learnium
• attempt to interfere with or disrupt any user of the Service, or the Service itself, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing
• plant malware or otherwise use the Service to distribute malware

Learnium reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.

In addition, as a condition of accessing the Service, you agree NOT to:

• reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites other than as expressly allowed under these Terms of Use
• use any high-volume, automated or electronic means to access the Sites (including without limitation, robots, spiders, scripts or web-scraping tools)
• frame the Sites, place pop-up windows over its pages or otherwise affect the display of its page
• interfere with or disrupt the Sites, servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
• copy or use any of the system information provided by Learnium to develop or market any system, design or software which is similar in its purpose, function or expression

You also agree NOT to access or attempt to access any other user’s account, misrepresent or attempt to misrepresent your identity while using the Service.

Confidentiality

Any confidential information supplied by Learnium including documentation about all aspects of the platform, shall not, without the prior written consent of Learnium, be copied or disclosed to any third party by the Client except for the purposes permitted or envisaged under this agreement and only to the extent necessary for those purposes. Except information:

• which is known to the User prior to disclosure by Learnium;
• which is lawfully received by the User from a third party
• which is provided or developed by the User; or
• which is required to be disclosed by law to the extent of such required disclosure.

Availability of the Service

Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Learnium makes no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon.

You also agree that Learnium has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. Learnium makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Learnium or through the Service, will create any warranty not expressly made in the Terms of Use.

Provisions Applicable to Software

1. If you download or use software developed by Learnium, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from Learniumin order to improve, enhance, and further develop the software.
2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from Learnium, unless you are expressly permitted to do so under an open source license, or Learnium gives you express written permission.
3. If you use mobile services developed by Learnium, your network providers normal fees and tariffs (e.g. data charges for using our mobile application) will apply

Limitation of Liability

Except in respect of death or personal injury caused by Learnium’s negligence, Learnium shall not be liable to the User by reason of any representation (other than fraudulent misrepresentation), or any implied warranty, tortuous act or omission including negligence, condition or other term, or any duty at Common Law or breach of any of them, or under the express terms of these conditions, for any consequential loss or damage (whether for loss of profit, revenue or income, any liability under any claim brought or intimated by a third party or any expenditure directly or indirectly caused by, related to or arising out of any defects or other failures in the System operated by Learnium, Support Services or Consultancy carried out by Learnium), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of Learnium, its employees or agents or otherwise) which arise out of or in connection with the supply of the System, Support Services or Consultancy, except as expressly provided in these conditions

Learnium’s liability or the amount of any indemnity, damages or compensation payable by Learnium on any claim or claims whatsoever concerning or relating, directly or indirectly to the System operated, or the Support Services or Consultancy provided by Learnium and including but not limited to claims based on negligence, misrepresentation, breach of contract, warranty or the aforesaid warranty, shall not in aggregate exceed the monies actually received by Learnium equivalent to the preceding six month period under this agreement.

Termination

Learnium reserves the right to terminate this agreement by notifying to you in writing if:

1. If the user or parent institution breaches this agreement or any other agreement with Learnium.
2. If the user or parent institution has outstanding unpaid invoices from Learnium.
3. If the user, parent institution or Learnium Limited has a receiver or administrative receiver appointed over it or over any part of its business or assets or pass a resolution for winding up (except for the purposes of a genuine scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction makes an order to that effect, or becomes subject to an administration order or enter into any voluntary arrangement with its creditors, or it ceases or threatens to cease to carry on business.

Upon termination, Learnium reserves the right to delete or disable your account. You will not create a new account on the platform without prior written permission from Learnium.

General Terms

These Terms of Use are the entire and exclusive agreement between Learnium and you regarding the Service (excluding any services for which you have a separate agreement with Learnium that is explicitly in addition or in place of these Terms of Use). These Terms of Use supersede and replace any prior agreements between Learnium and you regarding the Service.

The failure of Learnium to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

The User may not transfer, sub-license or materially sub-contract any of its rights or obligations under this Agreement without the written consent of Learnium.

Despite anything else contained in this Agreement, neither party will be liable for any delay in performing its obligations under this Agreement if that delay is caused by circumstances beyond its reasonable control (including, without limitation, any delay caused by an act or omission or the other party) and the party affected will be entitled to a reasonable extension of time for the performance of its obligations.

For the avoidance of doubt save as expressly provided herein nothing in this Agreement shall confer on any third party any benefit or the right to enforce any provision of this Agreement.

If you have questions about these Terms of Use, please contact Learnium Support: Learnium, 12 Devon Place, Newport, NP20 4NN. Email: support@learnium.net. Tel: 01633 509 766.

Please read this Privacy Policy agreement (the “Privacy Policy”) carefully before accessing or participating in any service (the “Service” or “Services”) made available by Learnium at entry-point URL (learnium.net) and its related Sites (the “Site” or “Sites”). By using and participating in the Service, you signify and acknowledge that you have read the Terms of Use and the Privacy Policy and agree that they constitute a binding legal agreement between you (the “User”) and Learnium, and that you agree to be bound by and comply with them. If you do not agree to be bound by the terms of use and the privacy policy, please do not access the Service.

“Learnium” is a service provided by Learnium Limited, a company incorporated in England and Wales (registered no: 08764021) whose registered office is at 12 Devon Place, Newport, NP20 4NN.

This Privacy Policy describes Learnium’s policies and procedures on the collection, use and disclosure of your information when you use the Service. Learnium will not share your information with anyone or use your information in anyway except as described in this Privacy Policy.

Right of Modification

Learnium reserves the right to change or modify the Privacy Policy at Learnium’s sole discretion at any time. Any change or modification to the Privacy Policy will be effective immediately upon posting by Learnium. For any material changes to the Privacy Policy, Learnium will take reasonable steps to notify you of such changes. In all cases, your continued use of the Service after publication of such modifications, with or without notification, constitutes binding acceptance of these modified Terms of Use.

Information Collection and Use

Learnium collects and uses information solely for the use and benefit of the Service provided. Information may be used, without limitation, to analyse how the Service is used, diagnose Service or technical problems, maintain security, personalise content, remember information to help you access your account, monitor and aggregate metrics (including without limitation, total number of visitors, traffic, and demographic patterns), and track User Content and Users as necessary to comply with any applicable local, state, national or international law. Learnium does NOT share, trade, rent or trade any user information collected with third parties other than as disclosed within this Privacy Policy.

Cookie Policy

Cookies are small text files that are sent to and stored on your web browser, smartphone or other devices which allow you to store specific information that can be used to improve the user experience on a website. They can remember your preferences by gathering and storing information. Further information about cookies (including how to disable them) can be found on allaboutcookies.org.

Learnium uses cookies on the Site to improve User experience, and to gather general statistics about Users of the Service (not User specific). Among other things, cookies allow you to log on to the Service. This Cookie Policy gives a background of what cookies are, how Learnium uses them and how they benefit you.

Cookies are broken down into the following categories:

1. First Party Cookies – these are set by Learnium and can only be read by Learnium’s systems. They are used to help keep these systems secure and identify you as a User.
2. Third Party Cookies – these are set by a different organisation to the owner of the website you are visiting. For example, Learnium uses Google Analytics to help improve and monitor the Service.

User-Provided Information

If you register for a member account with the Service, you provide Learnium with information about yourself required to register including your name and e-mail address. If you use Facebook, Twitter, or other social networking site (“SNS”) account information to sign in to the Service, Learnium will collect and store your SNS user ID and any additional information that you allow Learnium to collect, including, without limitation, your age, name, profile picture, gender, networks, list of friends and such friends’ user IDs and any other information you have made available through your settings on the SNS.

You also provide Learnium with information in the User Content you post to the Service. Your name (unless the Service permits you to post anonymously), posts, comments, questions, answers, and other contributions on the Service, including related metadata (for example, the times you posted), may be viewable to certain users of the Service.

If you contact Learnium for feedback, support or any other reason for contact, a record of that correspondence may be kept. Learnium may also ask you for information when you report a problem with the Service.

Information Collected Automatically

When you use the Service, Learnium uses various tracking technologies to analyse the usage of the Service and customise the Service. Learnium uses these automated technologies to collect and analyse certain types of information Learnium consider to be non-personal information, including:

• information related to the devices you use to access or interact with the Service, including without limitation: IP addresses, unique device identifiers, browser types and browser language
• information related to the ways in which you interact with the Service, including without limitation: referring and exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and order of those pages, amount of time spent on particular pages, date and time you used the Service and other similar information

Protecting Your Information

Learnium uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. Learnium cannot, however, ensure or warrant the security of any information you transmit to Learnium or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of Learnium’s physical, technical, or managerial safeguards.

In the event that personal information is compromised as a result of a breach of security, Learnium will promptly notify those persons whose personal information has been compromised, in accordance with any applicable local, state, national or international laws.

General Terms

This Privacy Policy is the entire and exclusive agreement between Learnium and you regarding the collection and use of information during the Service (excluding any services for which you have a separate agreement with Learnium that is explicitly in addition or in place of this Privacy Policy). This Privacy Policy supersedes and replaces any prior agreements between Learnium and you regarding the collection and use of information during the Service.

If you have questions about this Privacy Policy, please contact Learnium at support@learnium.net