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Terms & Conditions

KEY TERMS & CONDITIONS (October 2013 onwards) INCLUDING:

– Data Protection policy

– Confidentiality Policy

– Refusal of work policy

– Payment

– Strategic briefings & research

– Website Ts & Cs

OUR DATA PROTECTION POLICY

Forum Education fully subscribes to the principles and requirements of the Data Protection Act 1998 and Data Protection generally. This extends to, but is not exclusive to, all data relating to our employees, clients, other associated individuals and companies, and suppliers. We are fully registered with the Information Commissioners’ Office as a data user.

OUR CONFIDENTIALITY POLICY

All confidential or potentially confidential information disclosed by clients of Forum Education to Forum Education (“Confidential Information”) shall be kept secret and confidential and shall not be used for any purposes other than those required or permitted in agreement with the client’s designated contract manager and shall not be disclosed to any third party except insofar as this may be required for the proper operation of the Contract.

Either party shall promptly notify the other if any Confidential Information is required by law (including but without limitation pursuant to the FOIA and/or the Environmental Information Regulations) to be disclosed by it or any other person receiving it under or pursuant to the Contract and shall co-operate with the other party regarding the manner of such disclosure (but without prejudice to any obligation to comply with any law). Any request received by either party under the FOIA or the Environmental Information Regulations will be complied with promptly and in a timely manner

The obligations of confidentiality shall not apply to any information which:

    1. Is or become publicly know through no act or omission of the receiving party;
    2. was in the other party’s lawful possession prior to the disclosure;
    3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
    4. is independently developed by the receiving party, which independent development can be shown by written evidence; and/or
    5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body (including but without limitation pursuant to the FOIA and/or the Environmental Information Regulations) provided that the party subject to such requirement to disclose gives the other prompt written notice of the requirement, to the extent it is permitted to do so by law.

REASONS FOR REFUSAL OF WORK

  • Forum Education retains the right at all times not to undertake any work or specific projects not specifically identified and agreed within the terms of the contract or agreement with the contract manager. It is our policy to refuse to undertake or be involved in any specific projects that would put us in a conflict of interest situation with another client. Where such an issue arises, the fact that involvement is potentially inappropriate will be confirmed in writing with the contract manager upon their or another’s request to undertake such a project. It is Forum Education’s policy not to be involved in any aspect of procurement or contract management exercises whatsoever. Where our consultancy support extends to making recommendations of outside agencies or suppliers, any ongoing interest will be raised immediately. In terms of our support to organisations on recruitment, we will always highlight a conflict immediately should one appear during a recruitment process that we are actively involved in. All information obtained through our work for clients is treated in accordance with our policy on Client Confidentiality (see above)

PAYMENT

All due payments are required to made within 30 days of the date of invoice. Payments that are overdue by more than 30 days will incur an additional charge of 10% upon late payment and then further interest will be charged at a rate of 20% APR pro-rata.

STRATEGIC BRIEFINGS & OTHER RESEARCH

Forum Education Limited updates are intended to help colleagues keep up to date with national developments. Information is correct at time of writing and is offered in good faith. No liability is accepted for decisions made on the basis of the information given. Briefings are not intended to be exhaustive and some developments will not be included. Whilst we take due care to ensure web links are to reputable sites, we cannot be responsible for the content of external websites.

 

WEBSITE TERMS AND CONDITIONS OF USE (October 2013)

IMPORTANT LEGAL NOTICE

ATTENTION: This legal notice applies to the entire contents of this Site and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Site.
Using this Site indicates that you accept this legal notice in full regardless of whether or not you choose to place an order or register with us. If you do not accept these terms, do not use this Site.

This notice is issued by Forum Education

1. Definitions

The following words and expressions have the following meanings unless inconsistent with the context:

“Commercial Gain” includes, without limitation, using this Site as part of advertising which may result in revenue generation or personal gain, selling goods to a third party and copying, reproducing, distributing, publishing, transferring, licensing, selling, commercially exploiting or duplicating any element of this Site whatsoever;

“Site” www.forumeducation.org

“we, us, our” Forum Education Limited; and

“you”, “your” an individual, company, or firm accessing this Site.

2. Introduction

2.1 You may access most areas of this Site without registering your details with us. Certain areas of this Site are only open to you if you register.

2.2 By accessing any part of this Site, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Site immediately.

2.3 We may revise this legal notice at any time by updating this posting. You should check this Site from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

2.4 Unless specified otherwise, the materials on this Site are directed solely at those who access the Site from within the United Kingdom. We make no representation that any products or services referred to on this Site are appropriate for use, or available, in other locations. Those who choose to access this Site from other locations are responsible for ensuring compliance with local laws if and to the extent that they are applicable.

3. Licence

3.1 Subject to Condition 3.5, you are permitted to print and download extracts from this Site for your own personal use on the following basis:

3.1.1 no documents or related graphics on this Site are modified in any way;

3.1.2 no graphics on this Site are used separately from accompanying text; and

3.1.3 our copyright, trade mark notices and this permission notice appear in all copies.

3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Site (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of this legal notice, any use of extracts from this Site other than in accordance with Condition 3.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Site will automatically terminate and you must immediately destroy any downloaded or printed extracts from this Site.

3.3 Subject to Condition 3.1, no part of this Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

3.4 Any rights not expressly granted in this legal notice are reserved.

3.5 You must not visit or use this Site for the purposes of Commercial Gain.

4. Service Access

4.1 Whilst we endeavour to ensure that this Site is normally available 24 hours a day, we shall not be liable if for any reason this Site is unavailable at any time or for any period.

4.2 Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

5. Visitor Material and Conduct

5.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material or articles you transmit or post to this Site shall be considered non-confidential and nonproprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

5.2 You are prohibited from posting or transmitting to or from this Site any material:

5.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

5.2.2 for which you have not obtained all necessary licences and/or approvals; or

5.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the United Kingdom or any other country in the world; or

5.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

5.3 You agree to indemnify us against any loss or damage suffered as a result of your contribution.

5.4 You may not misuse this Site (including, without limitation, by hacking).

5.5 This Site may contain robot exclusion headers. Third parties may license information on this Site to us. You agree that you will not use any robot, spider, scraper or other automated means to access this Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from this Site without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; or (iv) bypass measures we may use to prevent or restrict access to this Site. We do not authorise you to extract or re-utilise substantial parts of this Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of this Site.

5.6 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of Conditions 5.2, 5.4, 5.5 or relating to any part of the obligations contained within Condition 6 below.

6. Blogs/Testimonials

6.1 You agree that any contribution you may make on this Site, for example any blog or testimonial you may submit, shall be made in accordance with the following terms:

6.1.1 all contributions must be civil and in good taste;

6.1.2 no disruptive, offensive, abusive or threatening content;

6.1.3 no unlawful or objectionable content including but not limited to material which is sexist, racist, homophobic, obscene, pornographic or defamatory;

6.1.4 no multiple postings;

6.1.5 no impersonation;

6.1.6 no swearing or vulgar language; and

6.1.7 no reference to a specific website addresses without our permission.

6.2 For your own safety and security you must not reveal any personal information about yourself or anyone else (for example telephone or mobile numbers, or home addresses).

6.3 If you are under 16 please get a parent’s or guardian’s permission before making any contribution.

6.4 We reserve the right to delete any contribution at our sole discretion and at any time without notice.

6.5 If you are found to be in violation of any part of this Condition 6 your ability to use any or all of the services on this Site, may be taken away, either permanently or temporarily.

6.6 We do not endorse the content of materials submitted by any user in any blog, testimonial or other contribution to this Site.

7. Links to and from other Websites

7.1 Any links to third party websites on this Site are provided solely for your convenience. If you use any links, you leave this Site. We may not have reviewed any such third party websites and will not control or be responsible for such websites or their content or availability. We therefore do not endorse or make any representations about any links provided to third party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites which may be linked to this Site, you do so entirely at your own risk.

7.2 You must seek and obtain our written consent before creating any link to this Site. All authorised links to this Site must be to the home page of this Site and make it clear that this Site and its content are distinct from the website containing the link.

8. Information contained on the Site

8.1 While we endeavour to ensure that the information on this Site is correct, we do not warrant the accuracy and completeness of the material on this Site. We may make changes to the material on this Site or described in it, at any time without notice. The material on this Site may be out of date, and we make no commitment to update such material.

8.2 The material on this Site is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Site on the basis that we exclude all representations, warranties and conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Site.

9. Liability

9.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Site) and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Site in any way or in connection with the use, inability to use or the results of use of this Site, any websites linked to this Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any material from this Site or any websites linked to this Site.

9.2 Nothing in this legal notice shall exclude or limit our liability for:

9.2.1 death or personal injury caused by our negligence; or

9.2.2 fraudulent misrepresentation; or

9.2.3 any liability which cannot be excluded or limited under applicable law, including without limitation all relevant consumer law.

9.3 If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

10. Governing Law and Jurisdiction

10.1 This legal notice and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of England and Wales and any court proceedings in relation to it are to be brought in the English Courts.

The Site is operated by:

Forum Education Limited.