OXFORD LEARN PLATFORM AND ONLINE COURSES
TERMS AND CONDITIONS
These terms and conditions govern the creation and management of accounts on the Oxford Learn platform (http://www.oxfordlearn.com) and the use by an Organization and Authorised Users of the relevant Courses on that platform. In relation to those activities, these terms override any other statements or terms and conditions (apart from Course-specific Terms) whether verbal or in writing.
Unless it is stated otherwise, all clauses apply to all Authorised Users and Organizations.
1 DEFINITIONS AND INTERPRETATION
Authorised User means any of the following:
- a teacher engaged by an Organization
- an administrator (who may also be a teacher) engaged by an Organization
- a student enrolled at an Organization
- a student who is registering him/herself (i.e. not through an Organization)
- a Parent;
who is or has registered online
Chain Organization means a chain of schools (not necessarily in common ownership) each of which has consented to being within a specified chain;
Courses means the OUP resources purchased by the Organisation or Authorised User that are accessed and used on the Platform;
Course-specific Terms means the additional terms and conditions (if any) specific to a Course, which are to be accepted by you as set out in Clause 3;
Organization means a school or college or similar entity engaged in the field of education that is granted access to the Platform for the purpose of purchasing one or more Courses for its students;
OUP or We means Oxford University Press, a department of the University of Oxford. The address of OUP is Great Clarendon Street, Oxford, OX2 6DP, United Kingdom;
Parent means a parent or guardian of an Authorised User, who has been invited by either (a) a teacher or administrator at an Organization or (b) such Authorised User to have access to the Platform and Courses for certain purposes;
Personal Data means information about a person that can identify an individual, for instance name, email address, age;
Platform means the OUP platform available at http://www.oxfordlearn.com on which the Courses may be accessed, administered and used;
Terms means these terms and conditions; and
You means (unless specified otherwise) an Organization or an Authorised User.
2 REGISTRATION ON THE PLATFORM
| 2.1 | You accept these Terms, in consideration for your creating an account on the Platform or accessing an account that has been created for you. |
| 2.2 | By creating an account on the Platform, or accessing an account that has been created for you, you are agreeing that we may process any Personal Data that you supply to us in accordance with OUP's Privacy Policy available from http://www.oxfordlearn.com. You are also agreeing that we may disclose to a relevant Parent any Personal Data that you provide to us. |
| 2.2 | By creating an account on the Platform, or accessing an account that has been created for you, you are agreeing that we may process any Personal Data that you supply to us in accordance with OUP's Privacy Policy available from http://www.oxfordlearn.com. You are also agreeing that we may disclose to a relevant Parent any Personal Data that you provide to us. |
| 2.3 | OUP will process any Personal Data which may be obtained as part of your registration of your account and use of the Platform and Courses, in accordance with OUP's Privacy Policy. |
| 2.4 | If you are acting on behalf of an Organization in providing Personal Data to OUP in relation to that Organization's Authorised Users, you warrant that you have obtained all necessary consents in accordance with your local legislation from the individuals concerned to provide such Personal Data to OUP. You will inform us of any changes to such Personal Data during the contractual term. |
3 ACCESSING COURSES
| 3.1 | If you are an Authorised User who is registered via an Organization, then in order to access and use the Courses: |
| 3.1.1 | you will need to log into your account on the Platform using your username and password, and you will find your Courses listed; |
| 3.1.2 | you must accept any Course-specific Terms on your own behalf. |
| 3.2 | If you are an Authorised User who is self-registered (i.e. not via an Organization) or you are acting on behalf of an Organization, then in order to access and use a Course you will normally need to insert an access code and the following will apply: |
| 3.2.1 | Before you insert the access code, you must accept any relevant Course-specific Terms. If such Course-specific Terms are unacceptable to you, the access codes may be returned unused to OUP. If you accept the terms and insert the access code (at which point you are legally bound by those Course-specific Terms), you either do this on your own account (self-registration) or you are personally representing to OUP that you have the authority to enter into the Course-specific Terms on behalf of an Organization. |
| 3.2.2 | Once the access codes have been accepted by the Platform, the Courses will appear on the Platform for the relevant Organization's or Authorised User's account. |
| 3.3 | If you are an Authorised User who is teacher acting on behalf of an Organization, who has contacted OUP, then either: |
| 3.3.1 | if you have already been validated by OUP, you have no need for an access code. You must accept any Course-specific Terms. If you accept such terms, you are personally representing to OUP that you have the authority to enter into the Course-specific Terms on behalf of an Organization. You will then automatically be the administrator for your Organization; or |
| 3.3.2 | you must first accept any Course-specific Terms. If you accept such terms, you either do this on your own account (self-registration) or you are personally representing to OUP that you have the authority to enter into the Course-specific Terms on behalf of an Organization. You must then insert the teacher validation code you have been given. You will then automatically be the administrator for your Organization. |
| 3.4 | An Organization and/ or Authorised User will have access to the relevant Course from the date when the access code or teacher validation code is inserted (or, if relevant, from the date when the Course is assigned by OUP). The relevant contractual term for each Course shall be the period stated in the Course materials or Course-specific Terms. |
4 LEGAL NOTICE
| 4.1 | The terms of OUP's Legal Notice at http://www.oxfordlearn.com form part of these Terms. |
5 FURTHER RIGHTS AND OBLIGATIONS OF AUTHORISED USERS
If you are an Authorised User:
| 5.1 | OUP grants to you the non-exclusive, non-transferable licence to access the Platform and the Courses to which you or your Organization have subscribed for the relevant contractual term as set out in the Course-specific Terms. |
| 5.2 | The Courses may be viewed or listened to online and in some cases may be downloaded for viewing and listening offline. |
| 5.3 | You will notify OUP immediately of any errors you find on the Platform or within the Courses by emailing to eltsupport@oup.com. |
| 5.4 | You shall not: |
| 5.4.1 | print off or make copies in any format from the Course materials unless this has been expressly permitted. |
| 5.4.2 | attempt to duplicate, modify, disclose or distribute any part of the Platform or Courses. |
| 5.4.3 | attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the Platform or Courses. |
| 5.5 | Some Courses may allow you to submit text or audio material online to OUP. You warrant that all such material shall: |
| 5.5.1 | not infringe the copyright or other property rights of any other person; |
| 5.5.2 | not introduce viruses or Trojan horses or other harmful elements; |
| 5.5.3 | not contain any scandalous, libellous, obscene, unlawful or otherwise objectionable material; and |
| 5.5.4 | in size not exceed the maximum limit for that submission as shown in the relevant Course-specific Terms or as otherwise provided to you. |
| 5.6 | In relation to all text and audio material submitted by you online to OUP or deposited (under Clause 5.5), you hereby grant to OUP a non-exclusive perpetual irrevocable royalty-free licence to use and deal with this material in any way and for any business purposes including but not limited to its corpus of English language usage. You understand that this material will be used in an anonymous way (that is, without your name or other personal data appearing). Furthermore, you hereby waive any moral rights that you may have in this material. |
| 5.7 | You shall indemnify OUP against any and all losses including legal and other expenses which OUP may incur as a result of any breach of the warranty given in Clause 5.5. |
| 5.8 | If you are a teacher or administrator for an Organization, you may access the Platform in order to create accounts for Authorised Users (be they students or teachers) and perform administrative tasks such as sending notifications, managing classes, assigning Courses and managing Authorised Users; screens. In addition, if you are an administrator you may create accounts for administrators (Authorised Users) for your Organization. |
| 5.9 | If you are a Parent, you may receive an invitation to set up your own username and password, to enable you to view your child's progress. |
| 5.10 | Recognising the damage to OUP's business that could flow from unauthorised use of the Courses, you: |
| 5.10.1 | will use best endeavours to keep the Courses secure from unauthorised use; |
| 5.10.2 | may only log in under your own user ID and password. Passwords and user ID information must not be disclosed to anyone else; |
| 5.10.3 | will notify OUP immediately of any infringement of this agreement or abuse of user name or password or you become aware of any of the following: (a) any loss or theft of password(s); (b) any unauthorised use of any of user ID or password(s). |
6 FURTHER RIGHTS AND OBLIGATIONS OF ORGANIZATIONS
If you are an Organization:
| 6.1 | OUP grants to you and your Authorised Users the non-exclusive, non-transferable licence to use the Platform and the Courses to which you subscribe for the relevant contractual term as stated in the Course-specific Terms. |
| 6.2 | You may through an account administrator create accounts for Authorised Users within the Platform. If an Authorised User leaves your Organization you must delete his/her account forthwith. |
| 6.3 | Your teachers, administrators and students may (as Authorised Users) log in and access the Platform and relevant Courses. |
| 6.4 | Organizations may not print off or make copies of the Courses (or extracts) unless this has been expressly permitted. |
| 6.5 | You will procure that the Authorised Users at your Organization comply with Clause 5. |
| 6.6 | If you have accepted a request or requested to join a chain organization, you hereby agree that other members of that Chain Organization may access your Authorised Users' accounts on the Platform for the purposes of viewing (and amending) account details or obtaining reports on the account. |
7 INTELLECTUAL PROPERTY
| 7.1 | As between the parties, the intellectual property rights in the Platform and Courses are owned or exclusively licensed to OUP. The materials provided by OUP in the Platform and Courses must not be used, displayed, modified, adapted, distributed, transmitted, transferred, published or otherwise reproduced in any form by any means other than strictly in accordance with these Terms or any Course-specific Terms. |
| 7.2 | With regard to intellectual property rights infringement in respect of the Platform or Course materials, you shall promptly give us notice in writing in the event that you become aware of any infringement or suspected infringement of those rights. In such case, OUP shall determine what action if any shall be taken and shall have sole control over the matter. |
| 7.3 | Without prejudice to any other right or remedy, OUP reserves the right to withdraw access to the Platform and/or any Course immediately if it becomes aware of any infringement of the intellectual property rights in the Platform or Course by you or (if are in Organization) one of your Authorised Users. |
8 TECHNICAL REQUIREMENTS
| 8.1 | OUP will provide technical support to Authorised Users subject to the limitations in Clauses 8.2 and 8.3. Please refer to: https://enrolment.oxfordlearn.com/StaticFiles/en-GB/HelpFiles/index.html?contact_us.htm. |
| 8.2 | OUP takes no responsibility for any incompatibility between the Organization's or Authorised User's browser and the Platform or any Course. |
| 8.3 | You will obtain at your cost all telecommunications and other equipment together with all relevant software licenses necessary to access the Courses online. |
9 WARRANTY
| 9.1 | The Courses are provided "as is" and OUP expressly excludes to the maximum extent permitted by law, all other representations, warranties, conditions or other terms, express or implied, including the implied warranties of non-infringement, satisfactory quality, merchantability and fitness for a particular purpose; and that the operation of the Courses will be uninterrupted or free from errors. |
10 LIMITATIONS OF LIABILITY
| 10.1 | OUP's entire liability in contract, tort, negligence or otherwise for damages or other liability (including without limitation where access cannot be granted to the Courses, or for loss of data or for intellectual property infringement) shall not exceed the greater of the price paid by you for use of the Courses and £250. |
| 10.2 | OUP shall have no liability whatsoever for any indirect or consequential losses suffered by you, including intellectual property infringement. |
| 10.3 | OUP does not seek to limit or exclude liability for death or personal injury arising from OUP's negligence. |
11 TERMINATION
| 11.1 | OUP may withdraw your rights to access and/or use the Platform and/or one or more Courses immediately if you are in material breach of the Terms. |
| 11.2 | Upon termination for whatever reason, you (and if you are an Organization any Authorised Users) shall cease using the Courses. |
12 WITHDRAWAL OF MATERIAL
| 12.1 | OUP reserves the right at any time to withdraw Courses or parts of Courses if it no longer retains the right to publish such material or if in OUP's sole discretion there are reasonable grounds for believing that such materials contain content that infringes copyright or other intellectual property rights of third parties or is defamatory obscene unlawful or otherwise objectionable. |
13 GENERAL
| 13.1 | OUP shall have no liability to you under these Terms if it is prevented from, or delayed in performing, its obligations or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including without limitation industrial disputes, failure of a utility service or transport network, malicious damage, act of God, war, riot, accident, fire, storm or default of suppliers. |
| 13.2 | Save in relation to your obligations in relation to the supply by you of Personal Data, where the legislation of your jurisdiction shall take precedence, these Terms shall be interpreted in accordance with English Law and the English courts shall have exclusive jurisdiction. However, nothing in these Terms shall limit the right of OUP to take proceedings against you in any other courts of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. |
| 13.3 | You may not assign or attempt to assign your rights or obligations under these Terms to another party without our written consent. |
| 13.4 | The failure of either party to enforce any of the Terms shall not be construed as a waiver of future performance or any such Terms. |
| 13.5 | If any provision of these Terms is held by any court or other competent authority to be void or unenforceable in whole or part, these Terms shall continue to be valid as to the other provisions thereof and the remainder of the affected provisions. |
14 OXFORD TEACHERS' ACADEMY ONLINE COURSE
| 14.1 | The duration of Oxford Teachers' Academy Online courses is 12 months from the date when you first access the Course. After that time, you will have read-only access to the Course.
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| 14.2 | During the Course, you will submit your evidence of learning ("EOL") by email to OUP, so that OUP and Oxford University Department for Continuing Education ("OUDCE") can evaluate such EOL. In the event that OUDCE assesses the EOL to be insufficient, you will be contacted by OUP with further details and instructions. |
| 14.3 | You consent to OUP granting access to OUDCE to your personal data and EOL via a special account on OUP's secure online SharePoint system to enable the evaluation process to take place. |
| 14.4 | You will inform OUP if your email address or name changes during the Course. |
| 14.5 | OUP aims to send you an e-certificate within six weeks of a positive result to the EOL evaluation. This certificate will show that OUDCE certifies your completion of the course and that OUDCE has evaluated the evidence. The certificate will carry the logo of Oxford University. |
| 14.6 | This clause 14 applies to Oxford Teachers' Academy Online courses only. |