2.3. To register with SWGfL and use 360 degree safe you must be eighteen (18) years of age and over. Any registration by, use or access to our Website and/or 360 degree safe by anyone under 18 years of age shall be unauthorised, unlicensed and in violation of these terms.
2.4. By registering with SWGfL, you warrant that all registration information and information about your organisation that you submit to us through use of the Website and 360 degree safe is truthful and accurate and that you will maintain the accuracy of this information. [We reserve the right to terminate your membership without warning if we believe that you are under 18 years of age].
3. Benchmarking & Use of the Self-review Tool
3.1 The 360 degree safe Self Review Tool is offered by SWGfL to your Organisation as an on-line tool which is intended to enable your Organisation to:
• review e-safety policies and procedures
• identify strengths and weaknesses
• benchmark e-safety policy and provision against a range of other schools
• identify how the Organisation might move practice from one level to another.
3.2 Benchmarking is a process by which one organisation’s relative position is compared against the averaged performance of a number of organisations. In order to provide a useful and valid benchmarking tool, SWGfL will store data held on your Organisation and others and generate averaged data from a number of organisations including your Organisation.
3.3 This averaged data will be made available in an aggregated format to your Organisation and other organisations through the benchmarking part of 360 degree safe Self Review Tool. SWGfL will also use the data in an aggregated format to report on the state of e-safety provision in organisations and to identify, in general terms, the needs of organisations for e-safety services and training. This may include reporting to local bodies such as Local Safeguarding Children's Boards who are responsible for protecting children and young people from e-safety risks in their area.
3.4 You agree on behalf of your Organisation that your Organisation's data submitted via the 360 degree safe Self Review Tool is correct and complete and does not mislead. You and the Organisation understand that the benchmarking provided by the 360 degree safe Self Review Tool is only of value if all the underlying data is accurate.
3.5 Your Organisation (or any other organisation) can allow other individuals or organisations access to the data relating to your Organisation (or that other organisation) by granting them access to their 360 degree safe log-in details or creating an additional account for them.
3.6 Your Organisation is responsible for and agrees to ensure that any persons or organisations to whom or which it allows access to its 360 degree safe Self Review Tool agree to and shall act in accordance with this privacy statement / terms and conditions.
3.7 Your Organisation, but not any other person (including anyone given a log-in granted by your Organisation) may, if it wishes to do so, publish information about your Organisation’s 360 degree safe Self Review Tool outcomes. Your Organisation cannot however publish the actual (and detailed) 360 degree safe Self Review Tool itself, as a matter of contract, in order to ensure appropriate commercial confidentiality in the interests of SWGfL.
4. Intellectual Property Rights
4.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2. You may print off a reasonable number of copies as may be required for your own personal use, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
4.3. 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.
4.4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
5. Reliance on Information Posted/Use of 360 degree safe
5.1. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. Furthermore where you are registered to use 360 degree safe you acknowledge that it is a tool which facilitates your own review of e-safety within your school, including that of children and young people, staff and volunteers who have online access in its widest sense (including without limitation internet access via computers, mobile phones, hand held devices and games consoles) in your environment or as part of your activities. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials and 360 degree safe by any visitor to our site, or by anyone who may be informed of any of its contents.
5.2. Our site changes regularly
5.3. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
6. Our Liability
6.1. Subject to the provisions below our total liability to you as a user of our Site whether in contract, tort (including the tort of negligence) or otherwise shall not exceed £10.00.
6.2. The material (including without limitation 360 degree safe) displayed on our site is provided free of charge and is without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
6.3. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
6.4. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site (including, without limitation, 360 degree safe) or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (including, without limitation, 360 degree safe), including:
6.4.1. loss of income or revenue;
6.4.2. loss of business;
6.4.3. loss of profits or contracts;
6.4.4. loss of anticipated savings;
6.4.5. loss of data;
6.4.6. loss of goodwill;
6.4.7. wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
6.5. The limitation and/or exclusion of our liability above does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. Information About You And Your Visits To Our Site
. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
8. Uploading Material To Our Site
8.1. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in paragraph 1.2 or as otherwise set out in our acceptable use policy as issued from time to time. You warrant that any such contribution does comply with those standards, and you indemnify us and will keep us indemnified for any breach of that warranty.
8.2. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
8.3. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
8.4. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in set out in paragraph 1.2 or as otherwise set out in our acceptable use policy as issued from time to time.
9. Viruses, Hacking And Other Offences
9.1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
9.2. By breaching this provision, you would 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 our site will cease immediately.
9.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
10. Linking To Our Site
10.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.2. You must not establish a link from any website that is not owned by you.
10.3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in paragraph 1.2 our acceptable use policy as issued from time to time.
10.4. If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
11. Links From Our Site
11.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12. Jurisdiction and applicable law
12.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
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15. Your concerns
15.1. If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
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