List of active policies

Name Type User consent
BCAilearn Terms of Use (16August2019) Site policy All users

Summary

BCAilearn.com Terms of Use

Updated 2019.8.16

https://www.blackcountryatelier.com/bcailearn-com-site-policy/



Full policy

BCAilearn.com Terms of Use

Updated 2019.8.16

 

1. Technology Philosophy

a) At Black Country Atelier Ltd (BCA) we develop engaging and relevant technology and learning resources to aid teachers and students in their work and learning.

b) BCAilearn.com is a virtual learning environment (the “VLE”) owned and operated by BCA to support our courses and programs.

c) Throughout the site, the terms “BCA,” “we,” “us” and “our” refer to BCA; the terms “VLE”, “site” and “BCAilearn” refer to BCAilearn.com.

d) BCA offers the VLE, including all information, features and services available from this VLE, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of the VLE constitutes your agreement to all such terms, conditions, policies and notices.

 

2. Purpose of The VLE

a) This site is operated for the purpose of providing courses, information, and services offered by BCA.

b) The VLE includes the online learning platform accessed via www.BCAilearn.com and any technologies or resources hosted on the VLE. The VLE also extends to and includes any downloaded, printed, or other materials originally derived from the BCAilearn website (in whatsoever format).

c) All technology and learning resources provided by BCA on the VLE is for academic non-commercial use only unless agreed in writing by BCA.

 

3. Your Use of This VLE

a) You must have a valid license to access the VLE.

b) As a condition to your continued use of the VLE, you agree that you will not use this VLE for any purpose that is unlawful or prohibited by these Terms of Use. You agree that BCA may immediately terminate your access to this site if you violate these Terms of Use, or if we determine, in our sole discretion, that your use of this site is objectionable or is contrary to the intended purposes of this site. Without limiting the foregoing, it is our policy to terminate access to this site of any user whom we determine to be a repeat infringer, of these Terms of Use or any third-party rights.

 

4. Accuracy, Completeness and Timeliness of Information on the VLE

a) We are not responsible if information we make available on this site is not accurate, complete or current.

b) The material on this site is provided for general course information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information.

d) You agree that it is your responsibility to study the information on this site and decide whether the information is suitable for your use.

c) Any reliance on the material on this site is at your own risk.

d) This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only.

e) This site may also contain information provided by third parties, and opinions and views of third parties.  We are under no obligation to verify any information provided by third parties, and the opinions and views expressed by third parties are not those of BCA, and are not endorsed by us. 

f) We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site.

g) You agree that it is your responsibility to monitor changes to the site.

 

5. Use of Material from This VLE

a) This VLE (including but not limited to software, files, graphics and data found on the site) is the property of and owned by BCA or its licensors and is protected by copyright, trademark and other laws of the United Kingdom and other countries.

b) You must have a valid license to access the Site and any of its resources. The length and period of your license will vary. If you are not sure of your license period please check with your local administrator or BCA representative.

c) A valid license grants your school or centre access to the site for an agreed number of teacher and student users. Each user must have an unique user login to access the VLE.

d) Only users with unique logins and a valid license may access, view, download, or print learning materials from the site.

e) Within your license period, you may display, download and print hard copy versions of the material contained on the site for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print.

f) BCA invests in producing engaging learning content. To help us make this venture sustainable, we appreciate and rely on the support of our customers. Do not give, lend, sell or transfer any learning materials from the site to others without prior written permission of BCA.

g) When you display, copy, download or print any material on or from the site, it is provided to you by BCA or its licensors under a license that is revocable. BCA and its licensors retain full and complete title to the material on this site and to any and all of the associated intellectual property rights. Any other use of the material on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site is expressly prohibited.

 

6. Trademarks, Copyrights and Plagiarism

a) This site features trademarks, service marks and logos that are the property of BCA and its affiliates or licensors. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner.

b) This site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United Kingdom and other countries.

c) Users will not plagiarise words or information from the VLE or materials from the VLE. Plagiarism is the taking of ideas, words, phrases, or writings of another and presenting them as if they were a student’s original work.

d) A small limited amount of text materials from the VLE which is copyright of BCA may be used for reference purposes only within your personal academic non-commercial work. This is limited to a maximum of 10% of text from any one page, and in aggregate no more than 10% of text from total materials available to you on the VLE.

e) Any reference materials used within the limits set out in 6d must clearly reference BCA as the source of the material.

f) You may not copy or reproduce any graphics, photographs, or other illustrations from the VLE within your own work without prior written permission from BCA.

 

7. Intellectual Property Rights of Others

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify us at:

 

Black Country Atelier Ltd

7 Mary Street

Birmingham B3 1UD

e-mail: info@blackcountryatelier.com

 

Please include all of the following in your notification:

• a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

• a description of the copyrighted work you claim has been infringed;

• a description of where the material you claim is infringing is located on the site;

• your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

• a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

8. Materials You Submit to The VLE

a) Where your license enables you to submit information to the VLE, you acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material.

b) You represent, warrant, and agree that you own all rights to the content you post or otherwise control sufficient rights to grant the rights you grant by these Terms of Use; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; that you will not upload to, distribute or otherwise publish through this site any content that (i) is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” If you submit any video content through this site, you further represent, warrant and agree that you have written consent or permission of each identifiable individual in such content to use their name and likeness and grant the rights you grant in these Terms of Use. 

c) You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

d) You may not upload commercial content onto the site. If you do submit material, and unless we indicate otherwise, you grant BCA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media now known or hereafter invented. You grant BCA and its affiliates the right to use the name you submit in connection with such content, if they so choose.

e) BCA reserves the right (but is not obligated) to monitor your use of this site and any content you may submit. Without limiting the foregoing, BCA reserves the right to remove any content (including messages or comments posted on the site) which we determine, in our sole discretion, to be objectionable or otherwise in violation of these Terms of Use.

 

9. User Accounts

a) You must ensure that the information you are asked to provide on registration is accurate. In particular, you must not enter details of others and are obliged to update your personal information without undue delay in the event of any change.

b) Your access details (email address and password or user name and password) are intended only for use by you personally. You are not authorized to share these access details with others or otherwise disclose them. If you learn of any actual or suspected unauthorized use of your access details, you shall be under an obligation to notify BCA promptly. If you are responsible for such misuse of your access details, you shall be liable for all consequences of use by a third party. Your liability ends only if and when you have notified BCA of the unauthorized use or loss of your access details and changed your password, if necessary.

c) BCA reserves the right to refuse registrations on a case-by-case basis without stating reasons. Moreover, BCA remains entitled at any time to disable access details temporarily or permanently in cases of violation of these terms and conditions of use (in particular if false information was provided on registration and/or access details, in particular passwords, were disclosed to others without authorization) and/or terminate your access with immediate effect or within a period to be determined at BCA’s discretion and/or to terminate the agreement on use by extraordinary termination without notice. The same shall apply in cases of misuse or damage or if the functionality of the offering is impaired. If this is the case, you shall not be entitled to re-register without BCA’s express prior consent.

d) Please note that once your license has ended, you will no longer have access to the VLE, and must delete any materials previously downloaded, printed, or derived from the VLE.

 

10. At the End of Your License Period

a) At the end of your license, an existing license must be renewed or a new license purchased in order to continue access to the VLE. Without a valid license you will lose access to your VLE.

b) The any use of materials from the VLE, in whatsoever format and whosesoever stored, is strictly prohibited after your license expires. You must take all reasonable steps to delete any materials you may have previously downloaded, printed, or otherwise copied from the VLE.

c) You must also take all reasonable steps to ensure that any other users at your school or centre who are affected by the license expiry are aware and stop using the VLE and its materials.

d) You may export your own grade data from the VLE before the end of your license. A fee may be applied if you require BCA to export the data for you.

e) Subject to 10f and 11e, at the end of your license period, at BCA’s discretion your personal information may be stored for a maximum of 6 months in order that in rare circumstances should teachers or students need access to historical course data a copy of that data can be obtained. After 6 months, user data on the VLE will be anonymised and the anonymised data kept on record to analyse course engagement and better adapt learning resources in the future.

f) We make no guarantees that your data will be available in whatsoever format after your license period expires.

g) You can request for your data to be anonymised at any time, please send an email to info@blackcountryatelier.com. Please be aware if you want your data anonymised before the end of your license period, there may be restrictions on your access to materials or activities on the VLE.

 

 

11. Your data

a) We will keep your information within BCA except where disclosure is required or permitted by law (for example to government bodies and law enforcement agencies). Where other parties are involved in the goods or service we provide to you including, for example, awarding bodies accrediting qualifications, and those other parties require access to your data, we will notify you first of any such request first.

b) We will only share your data outside BCA where you have requested it via a data portability request, or given your consent. BCA requires all third parties to comply strictly with its instructions and BCA requires that they do not use your personal information for their own business purposes and only use your information for reasons associated with the goods or services we provide for you.

c) We will hold your personal information on our systems for as long as is necessary for the purpose of the supply or goods of services and for any legal or regulatory requirements. After which time we will anonymise your data, removing any information which may identify you.

d) We will NEVER sell your information or data from the Site to third parties.

 

12. Disclaimers

a) Your use of this site is at your sole risk. The site and any materials contained within it is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time.

b) BCA expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are noninfringing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from BCA or through or from the site shall create any warranty of any kind. BCA does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

c) In certain countries, the law may not permit all or a portion of the disclaimer of warranties, so the above disclaimer may not apply to you, in whole or in part. In such cases, the disclaimer will apply to you to the extent permitted by applicable law.

 

13. Limitation of Liability

a) To the fullest extent permitted under applicable law, you understand and agree that neither BCA nor any of its affiliates or third party content providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages relating to or resulting from your use of or inability to use this site or any other site you access through a link from this site or from any actions we take or fail to take as a result of email messages you send us. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise arise out of or in connection with the use, inability to use, or performance of the information, services, products or materials available from this site, and even if we or our representatives have been negligent or have been advised of the possibility of such damages. 

 

14. Indemnification

a) You agree to indemnify, defend and hold harmless BCA and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable lawyers’ fees and court costs, arising or resulting from any violation of these Terms of Use.

b) If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable lawyers’ fees and court costs, arising or resulting from that disruption.

 

15. Links and Endorsements

a) The VLE may contain links to other websites.  These links are provided as a convenience to you and as an additional avenue of access to the information contained therein.  We have not necessarily reviewed the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through other sites.  Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites.  Different terms and conditions may apply to your use of any linked sites.

b) The VLE and its materials may contain reference to third parties. These references are provided as a convenience to you as an additional avenue of access to course information. We are not responsible for the accuracy, completeness or timeliness of information regarding third parties. You must take responsibility for checking any references are suitable for your intended use. Any references to third parties should not be viewed as an endorsement of the third party, neither should it be viewed as endorsement from the third part of BCA unless otherwise explicitly stated.

 

16. Jurisdiction

a) BCA is organized under the laws of the United Kingdom. You irrevocably consent to the jurisdiction of the courts located in the United Kingdom for any action to enforce these Terms of Use.

b) We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the United Kingdom. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.  In the event of any legal action arising from or relating to these Terms of Use or your use of this site, you hereby waive the right to a jury trial.

 

17. Changes to These Terms of Use

a) We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

 

18. Miscellaneous

a) If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and BCA with respect to use of the website and the contents thereof, superseding all prior or contemporaneous communications.

 

19. How to Contact Us

If you have any questions or comments about these Terms of Use, please write us at:

 

Black Country Atelier Ltd

7 Mary Street

Birmingham B3 1UD

e-mail: info@blackcountryatelier.com

 

 

By accessing the site you are agreeing to the terms set out above.