Focus on SEND Terms and Conditions

Nasen online courses – terms and conditions (April 2016)

Please read these terms of use carefully before starting to use our online learning materials (“our site”). By clicking the I Agree icon at the bottom of these terms, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy and Legal Policy [http://www.nasen.org.uk/footer-links/privacy-and-legal.html] which sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate
  • Our Disclaimer [http://www.nasen.org.uk/footer-links/disclaimer.html]
  • Our Cookies Policy [http://www.nasen.org.uk/footer-links/cookies.html].

 

About NASEN

This site is operated by The National Association for Special Educational Needs (“we”). We are registered in England and Wales under company number 2674379 and charity number 1007023. Our registered office and contact address is: nasen House, 4/5 Amber Business Village, Amber Close, Amington, Tamworth, Staffordshire, B77 4RP.

 

Changes to these Terms

We reserve the right to revise these terms of use at any time by amending this page.

Please check this page regularly to take notice of any changes we make as such changes will be binding on you.

 

Accessing our site

Our site is made available free of charge. We reserve the right to revise this position in the future.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

Intellectual Property Rights

The online training course, ‘Focus on SEND’, was developed by nasen with government funding and is subject to © Crown Copyright 2016 and is licensed under the Open Government Licence 3.0, details of which can be found at - http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

In the case of the content of other ‘Focus on’ courses, we are the owner and the licensee of all intellectual property rights in our site, and in the material published on it. Unless stated otherwise those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

Nasen’s status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from nasen or our licensors.

Unless we expressly object, you may modify the paper or digital copies of any materials you have printed or downloaded in any way, and you may use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, provided always that such modifications:

  • make clear the identity of the original copyright owner;
  • are not used for a commercial purpose; and
  • are used in accordance with our criteria and acceptable use protocols.

If you print, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Online Learning Administrator

Where you have been added as a learner, or linked to a nasen ‘Focus On’ online course by your institution’s nominated administrator, you agree to them being able to access the content of your learning log for professional development purposes.

By registering as a nasen ‘Focus On’ online course administrator (“Online Training Administrator”) you agree we may disclose your name if a member of staff from your institution requests it for the purposes of contacting you about accessing the course.

As the nominated Online Training Administrator for nasen online courses you agree to respect the confidentiality of the content of the learning log and acknowledge that copyright of the Learner Log is that of the person who created it.

Uploading content to your Learning Log and the ‘Focus On’ online courses discussion forums

Whenever you make use of a feature that allows you to upload content to our site, you must comply with the content standards set out in our Acceptable Use Policy detailed below.

You warrant that any such contribution complies with these standards, and you will be liable to nasen and indemnify nasen for any breach of that warranty.

Nasen also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

Nasen will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on this website do not represent our views or values.

Any content you upload to our discussion forums will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of the Site] a limited licence to use, store and copy that content and to distribute and make it available to third parties.

Acceptable Use Policy

Nasen has established a set of general rules about posting comments on the nasen website, which can be viewed in the Disclaimer. These rules apply when using the discussion facilities available in the ‘Focus On’ online courses area of our site.

The discussion forums are provided:

  • to allow you to share professional views and opinions to support the purposes of the training course;
  • to provide a safe environment to ask questions, exchange views and ideas;
  • to provide mutual support for others undertaking the training, either as a learner, coach or mentor.

When using our discussion facilities, you must comply with the following standards:

You must:

  • engage with others in the spirit of cooperation;
  • post positive messages that encourage participation and active learning.

You must not post any material:

  • to advertise or promote a product or service;
  • that is personal or confidential in nature, defamatory, obscene, offensive, hateful, inflammatory, discriminatory or deceptive;
  • that infringes any copyright, database right or trade mark of any other person
  • that is in breach of any legal duty owed to a third party, such as a contractual duty, professional duty or duty of confidence;
  • that is threatening, abusive or invades another’s privacy.  

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we reserve the right to remove any comments and take such action as we deem appropriate.

If your post has been removed or your account has been restricted and you do not agree that you have broken these protocols, please contact nasen.

Please remember that you are legally responsible for what you write. By using the discussion forum you undertake to indemnify nasen and our employees and sub-contractors against any liability arising from your actions and against all damages, losses, claims and costs (including without limitation all expenses incurred in conducting or defending any proceedings) arising from any such publication.

Third Party Links and Resources

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Nasen has no control over the contents of those sites or resources.

No Reliance on Information

The content on this website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, nasen make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of Our Liability

Nothing in these terms of use excludes or limits nasen’s liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, nasen exclude all conditions, warranties, representations or other terms which may apply to the nasen website or any content on it, whether express or implied.

Nasen will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, nasen will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption; 
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

You agree not to use our site for any commercial or business purposes, and nasen have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Nasen will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Applicable Law

Please note that these terms of use, its subject matter and its formation, are governed by English law. You and nasen both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact Us

To contact us, about these Term and Conditions or any aspect of the Focus on SEND course please email