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Terms & Conditions

1. Information About Us

1.1 studyhut.co.uk is a website operated by NCFE (the "StudyHut Website"). References to "we", "us" or "our" are references to NCFE. We are a company registered in England and Wales (company number 02896700) and our VAT number is 110 7856 30. NCFE is a registered charity (charity number 1034808). Our registered office and address for correspondence is:

NCFE
Q6 Quorum Business Park
Benton Lane
Newcastle upon Tyne
NE12 8BT

2. By using the StudyHut Website you accept these Terms and Conditions

2.1 By using the StudyHut Website, you confirm that you accept these Terms and Conditions and that you agree to comply with them.

2.2 If you do not agree to these Terms and Conditions, you must stop using the StudyHut Website immediately.

2.3 Please read these Terms and Conditions carefully before you start to use the StudyHut Website, as they will apply to your use of the StudyHut Website. We recommend that you print a copy of these Terms and Conditions for future reference.

3. There are other terms that may apply to you

3.1 The following terms will also apply to your use of the StudyHut Website:

3.1.1 Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the StudyHut Website, you consent to such processing and you warrant that all data provided by you is accurate.

3.1.2 Our Cookie Policy, which sets out information about the cookies on the StudyHut Website.

4. You must keep your login details safe

4.1 To access the StudyHut Website, you will be required to complete an online registration form to open a StudyHut account.

4.2 If you are a student, an invitation to access the StudyHut Website will be sent to you from your tutor.

4.3 When you have registered for the StudyHut Website, we will provide you with a user identification code, password and any other information as may be required as part of our security procedures ("Login Details"). You must treat such information as confidential and you must not disclose it to any third party.

4.4 We have the right to disable any Login Details, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.

4.5 If you do not access the StudyHut Website for more than one (1) year, we will close your account and you would have to re-register in order to access the StudyHut Website.

4.6 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at service@ncfe.org.uk.

5. We may make changes to these Terms and Conditions and the StudyHut Website

5.1 We may amend these Terms and Conditions from time to time. The Terms and Conditions applicable to your access to and use of the StudyHut Website will be the version which is displayed on the StudyHut Website at each date you access the StudyHut Website. These Terms and Conditions were last updated on August 2017.

5.2 We may update and change the StudyHut Website from time to time to reflect changes to our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

6. Accessing the StudyHut Website

6.1 We do not guarantee that the StudyHut Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any features, parts or content of the StudyHut Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

6.2 The StudyHut Website is directed to people residing in the United Kingdom. We do not represent that content available on or through the StudyHut Website is appropriate or available in other locations.

6.3 It is your responsibility to configure your information technology, computer programme and platforms to enable you to access the StudyHut Website.

6.4 The resources on the StudyHut Website are aimed at children aged 13 or over. We may contact you to verify your age.

7. Do not rely on information on the StudyHut Website

7.1 The information on the StudyHut Website is for information purposes only. Although we endeavour to update the information on the StudyHut Website we make no representations, warranties or guarantees (whether express or implied) that the content on the StudyHut Website is accurate, complete or up to date.

7.2 If you notice any issue with the information on the StudyHut Website, please contact us at service@ncfe.org.uk.

7.3 The Study Hut Website is not an assessment tool for users and is not designed to be submitted as evidence of learning.

8. We are not responsible for viruses and you must not introduce them

8.1 We do not guarantee that the StudyHut Website will be secure or free from bugs or viruses.

8.2 You must not use the Study Hut Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

8.3 You must not attempt to gain unauthorised access to the StudyHut Website, the server on which the StudyHut Website is stored or any server, computer or database connected to the StudyHut Website.

8.4 You must not attack the StudyHut Website via a denial-of- service attack or a distributed denial-of service attack.

8.5 By breaching conditions 8.2, 8.3 or 8.4, you may 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 StudyHut Website will cease immediately.

9. How you may use material on the StudyHut Website

9.1 All intellectual property rights in the StudyHut Website, and in the material published on it (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. These rights are protected by copyright laws and treaties around the world. All such rights are reserved.

9.2 Except where you are granted a non-exclusive licence to use the intellectual property rights that you need to enable you to use the StudyHut Website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the StudyHut Website.

9.3 You may print off one copy, and may download extracts, of any page(s) from the StudyHut Website for your personal use and you may draw the attention of others within your organisation to content posted on the StudyHut Website.

9.4 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.

9.5 Our status (and that of any identified contributors) as the authors of content on the StudyHut Website must always be acknowledged.

9.6 If you print off, copy or download any part of the StudyHut Website in breach of these Terms and Conditions, your right to use the StudyHut Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9.7 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the StudyHut Website without our express written consent.

10. We are not responsible for websites we link to

10.1 The Study Hut Website includes links to other websites and resources provided by third parties. We have no control over the contents of those websites or resources. These links are provided to enable quick and easy access to online learning resources. Such links do not signify that we endorse the linked websites and should not be interpreted as approval by us of those linked websites or the information you may obtain from them.

10.2 We assume no responsibility for the content, privacy policies or operation of such linked websites, or for anything provided (or not provided) by the third parties controlling such linked websites. We will not be liable for any loss or damage that may arise from your use of them.

10.3 We do not warrant that the StudyHut Website includes links to all of the English and Maths resources available on the internet or that the resources that the StudyHut Website links to are in all cases appropriate against the English national curriculum.

11. Limitations of our liability

11.1 Nothing in this clause 12 or otherwise in these Terms and Conditions shall exclude or limit our liability for:

11.1.1 fraud or fraudulent misrepresentation;

11.1.2 death or personal injury caused by our negligence; or

11.1.3 any other liability that cannot be excluded or limited as a matter of law.

11.2 To the extent permitted by law, we exclude all conditions, representations or warranties or other terms which may apply to the StudyHut Website or any content on it, whether express or implied.

11.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

11.3.1 use of, or inability to use, the StudyHut Website; or

11.3.2 use of or reliance on any content displayed on StudyHut Website.

11.4 If you are a business user, please note that in particular, we will not be liable for:

11.4 1 loss of profits, sales, business, or revenue;

11.4 2 business interruption;

11.4 3 any loss in connection with any error, omission, defect, computer virus or system failure;

11.4 4 loss of anticipated savings;

11.4 5 loss of business opportunity, goodwill or reputation; or

11.4 6 any indirect or consequential loss or damage.

11.5 If you are a consumer user, you may only use the StudyHut Website for domestic and private use. You agree not to use the StudyHut Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. Which country's laws apply to any disputes?

12.1 If you are a consumer, these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

12.2 If you are a business, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

13. Assignment and other dealings by us

13.1 You agree that we may assign, transfer, sub-contract or delegate any or all of our rights and obligations under these Terms and Conditions.

13.2 These Terms and Conditions are personal to you and you may not assign, transfer, sub-contract or delegate any or all of your rights and obligations under these Terms and Conditions.

14. No waiver

14.1 If we delay exercising, or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

15. Third party rights

15.1 These Terms and Conditions do not give any third party rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms and Conditions.

16. Our trade marks are registered

16.1 STUDYHUT is a trade mark of NCFE. You are not permitted to use the trade mark STUDYHUT or anything confusingly similar to STUDYHUT without our approval, unless they are part of material you are using as permitted under condition 9.

17. How you can contact us

17.1 Please submit any questions you have about these Terms and Conditions by email to service@ncfe.org.uk, or write to us at:

NCFE
Q6 Quorum Business Park
Benton Lane
Newcastle Upon Tyne
NE12 8BT

Please quote Study Hut in the heading to your correspondence so that it reaches the correct person. Thank you for visiting the StudyHut Website.