These are the terms and conditions applicable to the use of The National College (nationalcollege.com).

The National College is operated by National Education Group Ltd, a company registered in England and Wales with company number 10738856 and its registered office is located at Isaacs Building, Floor 4, 4 Charles Street, Sheffield, S1 2HS. Any reference to we, us, or our in these terms and conditions is to National Education Group Ltd.

These terms and conditions are divided into two sections:

Part A - User Terms and Conditions: These terms and conditions apply to all users of the site. These terms apply to you whether you are accessing free content, content available to you under a membership or other paid content. All users (such as staff, governers, trustees, directors or parents) must read and agree to these terms and conditions before registering and accessing our site.

Part B - Terms and Conditions of Purchase: These terms and conditions apply to any purchase of access to paid content made on behalf of an education setting, such as a school, nursery or college, or organisations managing education settings such as MATs and LAs, whether that be a membership or a purchase of access to specific content on a “pay as you go” basis. Purchases can only be made by education settings or organisations such as MATs or LAs and you must therefore only make a purchase if you have the authority of the education setting or relevant organisation to do so. You must read and agree to these terms and conditions on behalf of the education setting or relevant organisation before making any purchase.

PART A: USER TERMS AND CONDITIONS

1. REGISTRATION

1.1 Anyone associated with an education setting, such as a school, nursery or college, or with an organisation managing education settings such as a MAT or LA (such as a member of staff, governor, trustee, director or parent) can register for an account.

1.2 A user account can be registered either directly through our site, or by following a link provided by a customer. These terms apply to your account in either case.

1.3 When you register for an account, you must provide complete and accurate information about yourself and the education setting or organisation that you are associated with (for example, the education setting or organisation that you work at or that your child attends).

1.4 We reserve the right to accept or reject any registration for an account for any reason, including (for example) if we discover that you have provided misleading information or otherwise sought to register for an account in bad faith. If we do allow you to register, these terms are legally binding between us and the person named in the registration (referred to as you or your in this Part A of the terms and conditions).

1.5 Your account is for your own personal use. You must not allow another person to have access to your account or provide our content to any other person, nor may you transfer your account to anyone else. If you have a colleague, friend or family member who is interested in accessing our content, please encourage them to sign up for their own account. If we discover that an account is being used by more than one person, we may suspend or close the account as described in paragraph 1.7.

1.6 If you would like to close your account at any time, let us know. This will mean that you will no longer be able to access our content and will need to re-register if you need access again in the future.

1.7 We may also suspend or close your account at any time as follows:

1.7.1 If your education setting or organisation has a membership: We will only suspend or close your account if we have a good reason to do so, for example if we suspect that you have breached any of these terms.

1.7.2 In any other case: We may suspend or close your account at any time for any reason.

2. PAID CONTENT

2.1 We offer a wide variety of paid content, which can only be accessed through either a membership or (where available) by purchasing access to a specific items.

2.2 Only an education setting or organisation managing education settings can purchase access to our paid content. When you make a purchase, you are making that purchase on behalf of the education setting or organisation, and you must only do so if you have the authority of the education setting or organisation to make that purchase.

2.3 All purchases are subject to Part B of these terms and conditions. Please read those terms carefully before committing to a purchase.

2.4 If your education setting or organisation has purchased access to content, you will automatically be granted access to the content and functionality which is relevant to you through your account. Please ensure that you have the correct education setting or organisation and role associated with your account so you are given access to the correct content.

2.5 Where you are granted access to paid content as part of a membership which that education setting or organisation has, you must only use that paid content in connection with your role in relation to that education setting or organisation.

2.6 We will let you know if the education setting or organisation you are associated with cancels its membership. The following applies when an education setting or organisation cancels its membership:

2.6.1 Members of staff / governers / trustees / directors: Your account will continue to function and you will still have access to the free content and to any content purchased outside of the membership. However, any content which was accessible through the membership will no longer be accessible.

2.6.2 Parents: Your account may be closed. If you would still like to have access to the free content, you can re-register.

3. FREE CONTENT

3.1 All accounts offer unrestricted access to our free content, whether or not the education setting or organisation that you are associated with is a member.

3.2 As a leading provider of online training and materials for education settings and related organisations, we strive to provide you with a high quality of content and a reliable service.

3.3 However, we do not provide any legal warranties or guarantees in respect of the free content and we reserve the right to take any of the following steps at any time without prior notice to you:

3.3.1 add, remove or change the free content available to you;

3.3.2 change the release schedule for new free content (or not release new free content);

3.3.3 change the way in which the free content is provided to you or in which you access the free content; or

3.3.4 suspend access to some or all of the free content.

4. OUR RESPONSIBILITY TO YOU

4.1 Where an education setting or organisation managing education settings purchases content from us, we make certain promises to that customer about that content. See Part B of the terms and conditions for more information. These promises are made only to the customer and we do not provide legal promises, warranties or guarantees directly to individual users.

4.2 As an individual user, you use our services and access both our paid and free content on an “as-is” and “as-available” basis. You must not act in any way in reliance solely on a statement made or information provided in our content.

4.3 If we are found to be liable to pay any damages, compensation or other amount to you, any payment will be capped at £100. We believe this to be a reasonable condition given that you do not pay us for access to the content or service and that the customer has separate remedies for any purchase. We are only prepared to offer the content and service to you on the basis that you agree to this cap. If you do not agree to this cap, you must not register for an account or access any of our content.

4.4 The cap described in paragraph 4.3 applies to the maximum extent permitted by law. Nothing set out in paragraph 4.3 or otherwise in these terms is intended to replace, override or exclude any legal rights that you have if the law does not permit us to modify or exclude those rights.

5. OUR CONTENT

5.1 The content that we make available through our site is the result of significant investment of time, money and expertise and is a valuable asset of our business. The content is protected by intellectual property law and other legal provisions, both in the United Kingdom and internationally.

5.2 We sometimes receive requests or suggestions for content from our users. Whilst we cannot offer any commitment to fulfil any requests, if we do create any content in response to a request or suggestion we will nevertheless retain all rights to that content, including the right to make that content available to other users (on either a paid or free basis).

5.3 Any right that we grant you to access our content is strictly a licence and does not give you any form of ownership or rights in the underlying content, nor any right to create a local copy of the content. Any content must be accessed and used strictly in accordance with these terms.

5.4 You must not attempt to copy or reproduce any of our content or to use it for any purpose other than for which we have specifically authorised.

6. YOUR PRIVACY

6.1 Your privacy is important to us, and we will ensure that your personal data is kept secure at all times.

6.2 To find out more about how we may use your personal data, including the circumstances in which we may share your personal data with the education setting or organisation that you are associated with, please see our privacy notice.

7. SECURITY OF YOUR ACCOUNT

7.1 You must ensure that you choose a secure password and always keep that password secure. If you have any reason to believe that the password may have been compromised, you should change that password immediately.

7.2 For your convenience, we may offer you the opportunity to log in via a third party authentication method, such as Office 365 or Google. We have no association with these providers (other than using their services for user authentication) and you must ensure that any use of these accounts is in accordance with the terms imposed by the relevant provider and keep that account secure in the same way you would for an account created directly with us.

8. LINKS TO THIRD PARTY CONTENT

8.1 In certain circumstances we may provide links to external sites or content or refer to third party publications.

8.2 Any link or reference is not an endorsement or guarantee of that content, and we cannot accept responsibility for any site, content or publication which you may choose to access pursuant to a link or reference.

9. GENERAL

9.1 If we fail, at any time, to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms, this does not mean that we are waiving those rights or remedies and you will not be relieved from compliance with those obligations.

9.2 If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, that term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.

9.3 These terms represent the entire agreement between us and replace any previous arrangement, understanding or agreement between us. Neither of us is agreeing to these terms in reliance on any statement, representation, assurance or warranty of any person which is not set out in these terms.

9.4 Unless otherwise expressly stated, any notices which are required to be sent under these terms are to be sent by email. Notices sent to us should be sent to membership@nationalcollege.com. Any notices for you will be sent to the email address you provided when registering (or any other email address you have given us to replace that email address).

9.5 We may revise or replace terms from time to time. If we do, we will post the revised or replacement terms on our site, and the updated terms will take effect from the date that those updated terms are posted (unless otherwise stated). If you object to any revision or replacement of our terms, you may close your account as described in paragraph 1.6.

9.6 These terms, including any associated non-contractual dispute, are governed by English law, and you and we each accept the exclusive jurisdiction of the English courts in respect of any disputes arising out of or in connection with these terms.

PART B: TERMS AND CONDITIONS OF PURCHASE

1. MAKING A PURCHASE

1.1 There are two ways to access our paid content:

1.1.1 by purchasing a membership; or

1.1.2 by purchasing access to specific content on a “pay as you go” basis (where available).

1.2 Paid content can only be purchased by education settings, such as schools, nurseries and colleges, or organisations managing education settings such as MATs and LAs. An order can be placed through our site or by calling our sales team. The education setting or organisation placing the order will be our customer and is referred to as you or your in this Part B of the terms and conditions.

1.3 Any order for paid content must be placed by a person with authority to contract on your behalf - for example, the headteacher or a director. By placing an order for paid content, the individual placing the order is confirming that they have authority to make purchases of this nature on your behalf.

1.4 We reserve the right to accept or reject any order in our absolute discretion. We will confirm to you as soon as we can whether your order has been accepted and, if it is, this will form a legally binding contract between you and us.

1.5 For the avoidance of doubt, this Part B of the terms and conditions does not apply to access to free content - see Part A for more information about accessing free content.

2. USER ACCOUNTS

2.1 Content is only accessible through a valid user account.

2.2 When you make a purchase, the following will apply for each individual who is entitled to access that content:

2.2.1 Users with existing accounts: Some individuals may already have accounts with us. For example, they may have registered to access our free content, or may have previously had access to paid content. These accounts will be automatically upgraded to provide access to the paid content you have selected.

2.2.2 New users: If an individual does not have an existing account with us, they can either directly visit our site to register, or you can issue them with a unique registration link to speed up the registration process for them.

2.3 All users must agree to the terms set out in Part A of these terms and conditions before they can access any content.

2.4 When a user accesses our site through a membership you have purchased or to view any other paid content that you have purchased, you (as the customer) are responsible for the actions of that user, including ensuring that their actions comply with both Parts A and B of these terms and conditions.

2.5 If you cancel your membership, we will let users who are associated with you know that you no longer have a membership. In this case:

2.5.1 Members of staff / governers / trustees / directors: Accounts will continue to function and these users will still have access to the free content. Any content purchased outside of the membership will be unaffected by the termination of the membership and access to that content will continue to be available until it expires in accordance with the terms applicable to that content. However, any paid content which was accessible through the membership will no longer be accessible.

2.5.2 Parents: Accounts may be closed, but parents can re-register for continued access to the free content.

3. MEMBERSHIPS

3.1 We offer various different memberships to suit your particular requirements. These memberships may vary (for example) in respect of the channels, content and features available through that membership and whether they are single user or multiple user. Before purchasing a membership, please check carefully to ensure that the membership you are purchasing meets your requirements.

3.2 Where a membership is purchased for a single user, it must only be used by that user. You must ensure that neither the account nor the content accessible through that account must be shared with other individuals, whether within your organisation or elsewhere.

3.3 Where a membership is purchased for the whole of your organisation, it may be accessed by any of your staff, governers, trustees, directors and any parents of students who attend your education setting. You must ensure that neither these accounts nor the content accessible through these accounts are shared with unauthorised individuals.

3.4 If you are purchasing on behalf of a MAT, LA or similar, it is important to ensure that you have purchased the correct membership to cover your intended use. Unless otherwise stated, a membership can only be used for the customer which purchased the membership (such as the MAT or LA) and a separate membership would be needed for each education setting managed by that customer. Similarly, a membership purchased by an education setting cannot be used by the MAT or LA which manages that education setting (or other education settings managed by the same MAT or LA) unless we have expressly granted this right.

3.5 All memberships are purchased for the initial membership period selected at the date of purchase and are renewable for further membership periods of one year each for as long as you wish to continue to be able to access our content.

3.6 To ensure uninterrupted access to content, your membership will automatically renew at the end of your membership period unless you tell us otherwise. If you choose not to renew, you must notify us of this decision by completing and submitting the cancellation form at any point from the start of the then current membership period up until 30 days prior to its expiry (except where you have already renewed your membership as described in paragraph 3.7). Unfortunately, we cannot accept notice provided by any other method or at any other time. If you fail to submit a correctly and fully completed cancellation form within the required period, your membership will renew and you will need to complete and submit a cancellation form in the next cancellation notice period if you still wish to cancel.

3.7 Depending on the membership you have, there may be the opportunity to upgrade your membership, for example to gain access to additional channels, content or features. You can upgrade at any time during your membership period, in which case we will also automatically renew your membership for a further membership period to lock in your upgrade pricing. For more information on payment when you upgrade, see paragraph 6.5.

3.8 It may also be possible to downgrade your membership. If you would like to downgrade your membership, please let us know we will discuss the options available to you. Any change must be confirmed at least 30 days before your next renewal is due and will take effect from your next renewal date.

3.9 We may suspend or terminate your membership if you (or any users accessing the content as part of your membership) breach any of these terms and conditions, including (but not limited to) misuse of our site and/or content and failure to make payment in accordance with the applicable payment terms. Any suspension or termination in accordance with this paragraph 3.9 will not affect your obligation to make payment in full for the relevant membership period.

4. OTHER WAYS TO ACCESS PAID CONTENT

4.1 You may also be able to purchase access to specific content separately to a membership.

4.2 Unless otherwise stated, each purchase allows a single individual to access the selected content once.

4.3 If you require access for multiple individuals, to multiple items of content or to be accessed multiple times, multiple purchases are required.

5. OUR PROMISE TO YOU

5.1 We are proud of the content and service that we provide, and we promise to do our best to ensure that:

5.1.1 all our paid content is accurate and up-to-date (at the time that the content is published);

5.1.2 our paid content is relevant to the education sector and of good quality; and

5.1.3our paid content and site is always available to access (other than where we are undertaking maintenance, which we will try to carry out overnight or at weekends).

Please be aware that this paragraph 5.1 does not apply to free content or to content from external content providers (see paragraphs 5.8 and 5.9 for more information).

5.2 In addition, we will at all times comply with:

5.2.1 all applicable laws, regulations, codes and sanctions relating to anti-corruption, including the Bribery Act 2010 and Criminal Finances Act 2017 (and will not engage in any activity, practice or conduct which would constitute a tax evasion facilitation offence under sections 45(1) or 46(1) of the Criminal Finance Act 2017); and

5.2.2 all applicable employment, anti-discrimination legislation and supply chain legislation, including the Modern Slavery Act 2015.

5.3 However, you should be aware that:

5.3.1 depending on the nature of the content, statements may represent the opinion of the speaker, presenter or author rather than a statement of fact (and may not necessarily reflect our opinion);

5.3.2 the content is not designed to be used in circumstances where there is a threat to life, health, wellbeing or property, and in such circumstances you must always seek professional / specialist advice; and

5.3.3 unless you are viewing the content live, information, circumstances and guidance may have changed between the time that the content was recorded / published and the time that you are viewing it;

5.3.4 we may from time to time remove content from our service or update or revise content to ensure that the content available through our service remains accurate, up-to-date and relevant.

5.4 Some of our content is designed to help you meet statutory and regulatory requirements and evidence your compliance with those requirements, and our services can play an important part in ensuring that your education setting or organisation is compliant. However, all our content is designed for general application (unless stated otherwise) and is not tailored to any particular education setting, organisation, individual or circumstance. Therefore:

5.4.1 no decision about a specific circumstance should be made solely in reliance on our content; and

5.4.2 where you are using policies provided through our National Policies channel, you must adapt any documentation that you wish to put in place for your education setting or organisation and must check it for suitability before submitting the finalised document for viewing by your staff.

5.5 In addition to the points in paragraph 5.4, it is important that you:

5.5.1 develop and maintain an appropriate training programme for your staff, governers, trustees and directors, including determining which elements of that training should be mandatory, and monitor your users use of our site to ensure that they are undertaking all mandatory training;

5.5.2 implement appropriate monitoring and safeguards within your education setting or organisation to ensure that all applicable training is being implemented and policies are being complied with, to seek to prevent or minimise the risk of non-implementation or non-compliance and to promptly identify and resolve any non-implementation or non-compliance which does occur; and

5.5.3 regularly review your training programme and any policies for any updates which may be necessary or desirable in light of changes to statutory and regulatory requirements or circumstances within your education setting or organisation and review your training programme and policies as appropriate.

5.6 For the reasons given in paragraphs 5.4 and 5.5, purchasing a membership (or access to specific content) does not provide a guarantee that your education setting or organisation will be fully compliant with all relevant statutory and regulatory requirements and you remain fully legally responsible for your compliance.

5.7 The promises set out in paragraphs 5.1 and 5.2 are the only promises that we make to you and are in place of any terms or obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded.

5.8 Whilst most of the content on our site is only available to members, a small amount of our content is free content, which is available to everyone. We do not offer any warranties or guarantees in respect of this content, even if you access it whilst you have a membership.

5.9 To further enhance the range of content available on our site, we may offer specially selected content from external content providers. Where we do make this content available to you then, unless otherwise stated, it will be available at no additional charge. To help you identify this content, it will be on separate channels to our own content. As we are not responsible for this content, we cannot offer any warranties or guarantees in respect of it.

5.10 If something does go wrong in connection with these terms or our provision of content or services to you, the following limits apply:

5.10.1 Current membership: The maximum amount you can claim in respect of any causes of action arising in any membership period will be equivalent to the amount that you paid to us for that membership period.

5.10.2 Expired membership: The maximum amount you can claim in respect of any causes of action arising after your membership expired will be equivalent to the amount that you paid to us for your last membership period.

5.10.3 Purchased content: The maximum amount you can in respect of any causes of action arising in connection with content that you have purchased outside of a membership is the amount that you paid to us for that purchase.

5.11 If you do not have a membership and have not otherwise purchased content, we have no obligations to you (as the education setting). Any access to our free content by your staff or parents of students at your education setting is on a strictly personal basis in accordance only with Part A of these terms and conditions.

5.12 In addition, we cannot accept responsibility for:

5.12.1 special types of loss that are specific to your circumstances and would not ordinarily be expected to arise from that type of breach or incident;

5.12.2 loss of anticipated savings or additional expense incurred in obtaining content or services elsewhere;

5.12.3 loss of data (except where the loss involved the data being wrongfully disclosed to an unauthorised third party); or

5.12.4 any failure to perform, or delay in performance of, any of our obligations where that failure or delay is caused by events outside our reasonable control.

5.13 Nothing in these terms limits or excludes in any way our liability for matters for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other matter for which it would be unlawful for us to exclude, or attempt to exclude, our liability.

6. PAYMENT

6.1 You can pay by card or by invoice:

6.1.1 Payment by card: Payment for your selected membership period or purchased content will be taken by card immediately on purchase, and (unless you request otherwise) we will charge the same card for any membership renewals on or around the renewal date. If we are unable to charge the card we will in the first instance contact you to request details of an alternative card. If no valid alternative card is provided we will invoice you for the fee.

6.1.2 Payment by invoice: We will issue the invoice to you for your selected membership period or purchased content immediately on purchase, and the invoice will be payable within 30 days. We will issue subsequent invoices for membership renewals on or around the renewal date, and each of these invoices will also be payable within 30 days.

6.2 We will notify you of the applicable renewal fee at least 30 days prior to renewal. Except where your renewal fee has been price locked as described in paragraph 6.4, this renewal fee may be higher than the membership fee you paid in respect of the preceding membership period. For the avoidance of doubt, any discount offered in respect of the preceding membership period will not apply to the renewal period unless expressly indicated in the renewal notification. You can cancel renewal in accordance with paragraph 3.6 if the renewal price is too much for you. If you do not decide to cancel, your membership will renew at the quoted renewal price.

6.3 If we do not provide notice of a renewal fee in accordance with paragraph 6.2, your membership will renew at the same membership fee which applied to your previous membership period (except that any discount which was offered in respect of the preceding membership period will not apply to the renewal period).

6.4 Where your renewal fee has been price locked, for example where you upgraded part way through a membership period (see paragraph 6.5.2), the renewal fee for the forthcoming renewal period will always be charged at the price locked fee.

6.5 Where you upgrade part way through a membership period, we will calculate the amounts due from you as follows:

6.5.1 Upgrade fee: This fee covers your access to the upgraded membership for the remainder of your current membership period. This fee is calculated as the difference between the price you paid and the price for the upgraded membership and will be adjusted pro rata to cover only the remaining duration of your current membership period. This fee will be charged to your card or invoiced to you (depending on your usual payment option) immediately.

6.5.2 Renewal fee: This is the fee for your next membership period. This will be based on the current price for the upgraded membership you have chosen. This fee is price locked, so it will not change even if our membership pricing increases before your next renewal date. This fee will be charged to your card or invoiced to you (depending on your usual payment option) on your next renewal date.

6.6 Any prices quoted are exclusive of VAT, which is payable in addition.

7. YOUR CONTENT

7.1 Where you have a membership, we may offer the opportunity for you and/or your users to submit content, such as your own training videos, details of external CPD undertaken by users, the finalised version of your education setting's policies, reviews of our content and answers to tests and assessments.

7.2 You must not submit content which:

7.2.1 is inaccurate or expresses an opinion which is not genuinely held;

7.2.2 is likely to deceive any person;

7.2.3 is defamatory or derogatory of any person;

7.2.4 is obscene, offensive, hateful or inflammatory;

7.2.5 promotes sexually explicit material, violence, any illegal activity or discrimination based on race, sex, gender identity, religion, nationality, disability, sexual orientation or age;

7.2.6 infringes any copyright, database right, trade mark or other rights of any other person;

7.2.7 is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

7.2.8 is threatening, abusive or invades a person's privacy, causes annoyance, inconvenience or needless anxiety, is likely to harass, upset, embarrass, alarm or annoy any other person; and/or

7.2.9 advocates, promotes or assists any unlawful act, for example copyright infringement or computer misuse.

7.3 We will not ordinarily check the content that you submit. However, we reserve the right to do so in our absolute discretion. If we have any concerns of any nature we may suspend or delete any content that you have submitted, or suspend or remove your right to submit further content.

7.4 If any person claims that any content that you have submitted infringes their rights, you agree to fully reimburse us for any loss, damage, cost or expense we incur as a result of that claim, including any legal costs we incur and any amounts that we are ordered to pay to that person or agree to pay to that person as part of a settlement.

7.5 In general, any content that you submit will be kept private to you and will not be shared with anybody else. However, it any of your users submit reviews of our content, we may share these reviews publicly (including the name of the reviewer and the customer) to publicise our content and help others choose the content which is most relevant to them.

8. OUR CONTENT

8.1 The content that we make available through our site is the result of significant investment of time, money and expertise and is a valuable asset of our business. The content is protected by intellectual property law and other legal provisions, both in the United Kingdom and internationally.

8.2 We sometimes receive requests or suggestions for content from our members. Whilst we cannot offer any commitment to fulfil any requests, if we do create any content in response to a request or suggestion we will nevertheless retain all rights to that content, including the right to make that content available to other customers (on either a paid or free basis).

8.3 Any right that we grant you to access our content is strictly a licence and does not give you any form of ownership or rights in the underlying content, nor any right to create a local copy of the content. Any content must be accessed and used strictly in accordance with these terms.

8.4 You must not attempt to copy or reproduce any of our content or to use it for any purpose other than for which we have specifically authorised.

9. CONFIDENTIALITY

9.1 You and we each agree to keep the other's confidential information confidential and not to disclose it to any third party or to use it for any other purpose except as permitted by these terms or by the other in writing.

9.2 Our confidential information includes any content available on our site which requires registration to access (whether that content is made available for free or only on a paid basis) and any other information that we may provide to you which is either marked "confidential" or that you otherwise reasonably ought to know is confidential.

9.3 Your confidential information includes your content (as described in paragraph 7) and any other information that you may provide to us which is either marked “confidential” or that we otherwise reasonably ought to know is confidential.

9.4 The confidentiality obligations do not apply to any information which already public (except where it is public as a result of a breach of confidentiality) or which was received from a third party which was not under an obligation of confidentiality in respect of it.

9.5 The confidentiality obligations also do not prevent disclosure:

9.5.1 where and to the extent it is required to do so under operation of law, by court order or by any regulatory body of competent jurisdiction;

9.5.2 to employees, agents, directors, officers, authorised sub-contractors, professional advisors and consultants (and, your case, to governers, trustees and parents) who have a need to know the same, provided that whichever of us makes the disclosure makes those persons aware of, and ensures the compliance of those persons with, these obligations as to confidentiality; or

9.5.3 where and to the extent required under the Freedom of Information Act 2000 and/or the Environmental Information Regulations 2004 (and we will, at your cost, provide any assistance as you may reasonably require to enable you to comply with a request of this nature).

10. USER DATA

10.1 We take our obligations under data protection law very seriously. To enable you to obtain the benefit of our services, we may need to collect personal data relating to your staff and parents of students at your education setting or organisation, for example their names, email addresses and roles.

10.2 Where we process this personal data on your behalf and in accordance with your instructions, we are considered to become a “processor” for the purposes of data protection law. This may include circumstances, for example, where we store content on your behalf which includes personal data, or where we track user activity for you (such as which users have indicated that they have read and understood your policies). To ensure that you are lawfully entitled to provide this personal data to us, we are required to make certain commitments to you. When we are acting as a “processor”, we will:

10.2.1 comply with the applicable provisions of the UK General Data Protection Regulation (UK GDPR), together with the Data Protection Act 2018 and any other law applicable to the protection of personal data in effect from time to time;

10.2.2 carry out the processing only for the purposes of fulfilling our obligations to you under these terms and only during the term of your membership (or, where content is purchased outside the membership, until this content has been viewed);

10.2.3 perform the processing activities only on your instructions (unless otherwise required by law or a regulatory body);

10.2.4 other than as permitted by Chapter 5 of the UK GDPR, not transfer or allow the transfer of the personal data outside the United Kingdom without your written consent;

10.2.5 ensure that any persons authorised to process the personal data are subject to a duty of confidence in respect of such processing;

10.2.6 implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, in compliance with article 32 of the UK GDPR;

10.2.7 let you know as soon as possible if we become aware of a personal data breach, and work with you to resolve the issue;

10.2.8 subject to reimbursement of our reasonable costs, assist you to fulfil your obligation to respond to requests made by data subjects to exercise their rights under Chapter III of the UK GDPR;

10.2.9 subject to reimbursement of our reasonable costs, assist you to ensure compliance with your obligations under articles 32 to 36 of the UK GDPR;

10.2.10 be authorised to engage sub-processors in respect of such processing activities, provided that we inform you of any intended changes concerning the addition or replacement of sub-processors and give you the opportunity to object;

10.2.11 impose upon each sub-processor (and ensure each such sub-processor's compliance with) the terms of this paragraph 10.2 as if the processing being carried out by the sub-processor was being carried out by us (and we will be for the acts and omissions of such sub-processors as if they were our own);

10.2.12 make available to you all information necessary to demonstrate compliance with our obligations under this paragraph 10.2 and allow for and contribute to audits, including inspections, you may conduct (or that you appoint an auditor to conduct); and

10.2.13 on the termination or expiry of the relevant services, either delete or return (at your option) all personal data processed on your behalf, and delete any copies (except to the extent retention is required by law or for our own purposes as permitted by these terms).

10.3 We may also use users' personal data for our own purposes, as described in more detail in our privacy notice. These purposes include:

10.3.1 administering that user's account, as described in more detail in Part A of these terms and conditions; and

10.3.2 sharing reviews submitted by those users (as described in paragraph 7.5);

10.3.3 monitoring use of our site to help ensure that we are providing a positive user experience and to understand content usage patterns; and

10.3.4 where you cancel your membership, informing any user associated with you of this cancellation (as described in paragraph 2.5).

10.4 Where we process personal data as described in paragraph 10.3, we are considered to be a “controller” for the purposes of data protection law. This means that we are responsible for ensuring that these activities comply with applicable data protection law.

10.5 When you provide us with any personal data, you must ensure that you are lawfully entitled to provide us with that personal data so that we can use that personal data for the purposes described in paragraph 10.3.

10.6 If you have a valid membership, we will let you know which individuals associated with you (such as staff and parents) have signed up for an account, and will share insights with you regarding what content they are accessing.

10.7 This information described in paragraph 10.6 is shared with you solely for the purposes of understanding the learning requirements and areas of interest of individuals associated with you, and must not be used for any other purpose. You will be the “controller” in respect of any use that you make of this information. This means that you are responsible for ensuring that these any use you make of this information complies with applicable data protection law.

11. LINKS TO THIRD PARTY CONTENT

11.1 In certain circumstances we may provide links to external sites or content or refer to third party publications.

11.2 Any link or reference is not an endorsement or guarantee of that content, and we cannot accept responsibility for any site, content or publication which you may choose to access pursuant to a link or reference.

12. GENERAL

12.1 If we fail, at any time, to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms, this does not mean that we are waiving those rights or remedies and you will not be relieved from compliance with those obligations.

12.2 If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, that term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.

12.3 These terms represent the entire agreement between us and replace any previous arrangement, understanding or agreement between us. Neither of us is agreeing to these terms in reliance on any statement, representation, assurance or warranty of any person which is not set out in these terms.

12.4 Unless otherwise expressly stated, any notices which are required to be sent under these terms must be sent by email. Notices sent to us should be sent to membership@nationalcollege.com. Any notices for you will be sent to the email address you provided when registering (or any other email address you have given us to replace that email address).

12.5 We may revise or replace terms from time to time. If we do, we will post the revised or replacement terms on our site, and the updated terms will take effect from the date that those updated terms are posted (unless otherwise stated). If you object to any revision or replacement of our terms, you must let us know within 30 days of the new terms being posted, in which case any membership or right to access content will end immediately.

12.6 These terms, including any associated non-contractual dispute, are governed by English law, and you and we each accept the exclusive jurisdiction of the English courts in respect of any disputes arising out of or in connection with these terms.