TERMS & CONDITIONS
Updated Version – April 2021
Welcome to FuturED!
We are delighted that you have chosen FuturED to help with your online educational or training needs. The following pages create the terms and conditions of a contract between you and us which covers: (a) your use of our website; and (b) how we make our learning program available to you.
Please read these Terms and Conditions of Service (“Terms”) prior to registering for an account on FuturED or using any portion of the FuturED website (the “Site,” which consists of all content and pages located within the FuturED web domain located at www.futured.org.uk), including accessing any information, courses, course material, chat rooms, or other electronic services (the “Content”).
These Terms that follows are an agreement (the “Agreement”) between you and FutuED. By using the FuturED Site, you accept and agree to be legally bound by the Agreement, whether or not you are a registered user. If you do not understand or do not wish to be bound by the terms of the Agreement, you should not use the Site.
1. About Us
1.1. In these Terms, references to “we” or “us” are to FuturED Limited, a company incorporated in England and Wales (registered number 13081995) whose registered address is 84 Weymouth Avenue W5 4SB London, United Kingdom. References to “you” or “your” are references to you as a registered user or a visitor.
1.2 FuturED offers Content from institutions and organizations from across the world (“Partners”).
2. Use of Our Services
2.1 You may use FuturED services only if you can form a binding contract with FuturED, and only in compliance with these Terms and all applicable laws. When you create your FuturED account, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain regions and Content may have additional requirements and/or restrictions.
2.2 The following items are strictly forbidden in the use and access of this Site and its Content: (i) unlawful or fraudulent use of or access; (ii) distribution of all or part without authorization; (iii) alteration or modification; (iv) damage, disable, overburden, impair, or interfere; (v) viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property; (vi) advertising or any form of commercial solicitation; (vii) infringing third parties intellectual property; (vii) collection of personal data from FuturED users; (viii) distribution of bulk communications of any kind; and (ix) misrepresent your identity or personal information. These prohibitions also apply for the “User Content” as defined later.
2.3 You acknowledge and agree that (i) the form and nature of the Site, Content, and Course Content (as defined later) which we provide may change from time to time without prior notice to you and that (ii) we may stop (permanently or temporarily) providing the Site, Content and Course Content generally for whatever reason, at our sole discretion, without prior notice to you.
3. User Accounts
3.1 Anyone can view the Site, but in order to participate fully in all activities on the Site and access its Content, you must register for a personal account on the Site (“User Account”).
3.2 In order to create a User Account, you must provide your full name, an email address, your country or region of residence, a public username, and a user password.
3.3 You agree that you will never divulge or share access or access information for your User Account with any third party for any reason.
3.4 In setting up your User Account, you may be prompted to enter additional optional information (e.g., your year of birth). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.
3.5 By registering with FuturED for a User Account, you agree that you will (i) not set up multiple User Accounts; (ii) not let anyone else use your User Account; and (iii) not cheat or share solutions on any assignment or exam related to the Content. These actions can lead to a prohibition or a temporary suspension to access the Site and its Services.
4. Content Providers
4.1 FuturED offers courses and content (“Course Content”) from academic organizations, institutions, and other providers (“Content Providers”). Your access to such Course Content may be provided to you through your User Account.
4.2 FuturED reserves the right to cancel, interrupt or reschedule any Content and Course Content or modify, revise, or alter its content, as well as the associated values, assignments, tests, quizzes, exams, projects, and other evaluations of progress without cause or notice to you.
4.3 You may choose to take Content and Course Content which provide for digital-only certification. This will be stated at the time of purchase. You acknowledge and agree that FuturED and the Partner have no requirement or obligation to provide you with any other form of certification for successfully completing the Content and Course Content.
4.4 For some Content and Course Content, subject to your satisfactory performance as determined in the sole discretion of FuturED and/or the Partner, you may be eligible to purchase or be awarded, as the case may be, products recording your participation in the relevant Content and Course Content, including (but not limited to) a statement, certificate, acknowledgment or similar issued by FuturED and/or the Partner (“Product”). You acknowledge that, unless expressly stated at the time of purchase, any Product will not be affiliated with any certifying institution, and will not stand in the place of a Course Content taken at a Partner or convey academic credit or certification for any Partner and you acknowledge that FuturED will not be obligated to make any attempts to get the course recognised by any Partner or other organization.
4.5 Our Content Providers and integrated service providers are third-party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.
5. License to use
5.1 Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to access our Site and use our services.
5.2 You may download content from our Services only for your personal, non-commercial use unless you obtain our written permission to otherwise use the Content. Using our services does not give you ownership of or any intellectual property rights in our services or the Content you access.
6. Your Content
6.1 You agree that you are responsible for your own use of the Site and for the content you provide by uploading notes and replies, discussions, profile pages, media for social interaction, written assignments, surveys, questions, hypothetical, examples (“User Content”). You agree that you will use the Site in compliance with this Agreement, and all applicable local, state, national and international laws, rules, and regulations, and comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
6.2 You retain all intellectual property rights and are responsible for, the User Content you create and share. User Content does not include (course) Content or other materials made available on or placed on to FuturED´s Site by or on behalf of Partners using the Services.
6.3 To the extent that you provide User Content you grant FuturED a fully transferable, royalty-free, irrevocable, perpetual, sublicensable, non-exclusive, worldwide license to use, copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise exploit the User Content on the Site and/or in Content. We reserve the right to remove any User Content without notice at any time and for any reason. This license includes granting FuturED the right to authorize Partners to use User Content with their students, or other learners independent of the services. Nothing in these Terms shall restrict other legal rights FuturED may have to User Content, for example under other licenses.
6.4 You represent and warrant that you have all necessary rights, licenses and/or clearances to provide User Content and permit us to use and publish such User Content.
6.5 You are prohibited from using our services to share content that (a) contains illegal content or that promotes illegal activities (ii) contains threats or acts of real-world violence (c) harasses others (d) violates third party intellectual property, privacy, or other rights, (d) spams others (e) violates local, state, national, or international law.
6.6 You agree to use communication methods available on the Site and/or the Content only to send communications and materials related to the subject matter for which we (or any applicable Partner) provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms.
6.7 By using any of the communication methods available on the Site and/or the Content you agree that: (i) all communication methods are public means of communication, (ii) communications sent to or received from third-party service providers or other third parties are not endorsed, sponsored or approved by FuturED in any manner (unless expressly stated otherwise); and (iii) User Content may be moderated by FuturED if flagged by other Users, reserving FuturED the right to review User Content to ensure that it complies with acceptable standards of communication and for quality control issues.
7.1 FuturED cares about the security of its Users. While FuturED works to protect the security of your account and related information, FuturED cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing firstname.lastname@example.org .
8. FuturED’s Intellectual Property Rights
8.1 FuturED is the owner or the licensee of all necessary intellectual property rights in all aspects of the Site and its Content including but not limited to the technology, source code, all content, software, scripts, images, graphics, and audio (the “IP”). The IP is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the IP remains the property of FuturED or the licensor, as applicable, and that all updates and modifications to the IP will vest in FuturED or the licensor, as applicable. You also agree that you have no rights in or to the IP other than the right to use it in accordance with the terms of the license granted in these Terms. Unless otherwise stated, copyright in the Content belongs to the relevant Partner providing the Content.
8.2 Other than any User Content submitted to the Site by you, FuturED owns or is licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights, and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Site (“FuturED IPR”).
8.3 If any IP or FuturED IP vests in you, whether by operation of law or otherwise, you duly assign to us all right, title, and interest (whether legal or beneficial) in such IP or FuturED IP, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such IP or FuturED IP. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Content or the Site.
8.4 You agree to sign and provide all such deeds, documents, acts, and things as we may reasonably require in order to assign any IP and/or FuturED IP to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.
9. Third Party Content
9.1 Through our Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties.
9.2 FuturED cannot guarantee that such third-party content, in our services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein.
9.3 FuturED disclaims any responsibility or liability related to (I) your access or use of, or inability to access or use, such third-party content, (II) the accuracy or availability of information provided by such third-party content, and/or (iii) transactions conducted by you with third parties through any third-party content or for any liability arising from any representations or information provided on such third-party content.
9.4 FuturED do not control or endorse the third-party content, or the content, products, advertising or other materials presented on such third-party content. FuturED may remove any links to third party content from the Site at any time for any reason.
10. Modifying or Terminating Our Services
10.1 We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. For any operational, regulatory, legal, or other reason, we reserve the right to modify, suspend or discontinue all of our Content with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination. You can stop using our services at any time.
11.1 The Site and its Content are provided to you “as is” and we make no warranty or representation to you with respect to them. We exclude all representations, warranties, conditions and terms express or implied by statute, common law, or otherwise to the fullest extent permitted by law. You acknowledge and agree that any access to or use of the Site or its Content is at your own risk.
11.2 To the fullest extent permitted by applicable law, you agree that neither FuturED or any of its Partners will be liable for any special, indirect, incidental, consequential or economic loss, or any other losses or damages, howsoever caused arising out of or in connection with these Terms, or your inability to use this Site, or your placement of content on this Site, or your reliance upon information obtained from or through the FuturED Site, whether your claim is based in contract, tort, statutory, or other law. This includes (without limitation): (i) any loss of profit (directly or indirectly); (ii) any loss of goodwill; and (iii) any loss of opportunity. In no event shall FuturED´s aggregate liability for all claims related to its Services exceed twenty British pounds (20 GBP) or the total amount of fees received by FuturED form you or the use of paid services during the past six months, whichever is greater.
11.3 FuturED gives no warranty or representation that its Content on the Site is accurate, complete, or up-to-date, or that it will meet your requirements, nor that the Site does not infringe the rights of any third party. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Site, we accept no liability for them.
11.4 FuturED makes no representation or warranty that the operation of this Site will be timely, secure, uninterrupted, or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
12.1 You agree to defend, hold harmless, and indemnify FuturED and the FuturED Partners, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents, and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to (i) your use of the FuturED Site or its Content, (ii) your breach of any of these Terms, and (iii) any negligent act or omission, deliberate default or breach of statutory duty on your part, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, FuturED or the applicable FuturED Partner will provide you with written notice of such claim, suit, or action.
12.2 Each of the indemnities cited in the previous paragraph is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
12.3 This paragraph survives the expiry of these Terms.
13. Governing Law
13.1. These Terms, your use and access to the Site, and all other policies issued by FuturED are governed by and construed in all respects in accordance with the laws of England and Wales.
13.2. Any claim or dispute arising out of or relating to this Terms or any content or service obtained from or provided through the FuturED Site will be subject to the exclusive jurisdiction of the courts of England and Wales. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any such dispute.
13.3. Notwithstanding paragraph 13.2, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.
14. Changes to the Website and these Terms
14.1. FuturED reserves the right to modify these Terms at any time without advance notice. Any changes to these Terms will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified Terms and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.
14.2. Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict.
15. Other Important Terms
15.1. The failure of FuturED to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of this Agreement shall remain in full force and effect.
15.2. FuturED may freely transfer or assign any part of its rights or delegate its obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.
15.3. These Terms set out the entire agreement between you and FuturED with respect to the use of the Site and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
FuturED respects and value the intellectual property rights of our Content Providers, Partners, instructors, users, and other third parties and expects our users to do the same when using our services.
If you are the owner of intellectual property rights, or authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the Site to the following email email@example.com containing the following information:
· the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· identification of the copyrighted work claimed to have been infringed and country where is protected;
· identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow FuturED to locate the material on the platform;
· the name, address, telephone number, and email address (if available) of the complaining party;
· a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and;
· a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content. We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under applicable law.