By creating and registering an account with PE4Learning.com you adhere to the following terms and conditions.
Terms and Conditions
PE4Learning resource creations by Paul Towns is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Based on a work at www.pe4learning.com.
- We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
- The Site allows teachers, teaching assistants and other professionals involved in education to upload and share content all relating to physical education (User Content).
- You warrant that all information that you provide to us on registration is accurate and complete and you shall promptly make any necessary changes to that information within your account on the Site.
- You are responsible for maintaining the confidentiality of your login details, and you are solely responsible for all activities that occur under your login details. You must not allow any third party to access the Site through your login details. Please take precautions to protect your login details and contact us immediately at firstname.lastname@example.org if you believe there has been any unauthorized use of your log in details. You should exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this Clause 5.
- Access to and use of much of the Site is free. Premium accounts are charged an annual fee paid in advance by PayPal, BACS or Purchase Order. Access to a premium membership is instant on receipt of the fee and therefore you have no right to cancel a premium account for the year once the annual fee has been paid.
- We shall be entitled to increase the fees at any time on notice to you if you hold a premium account. Your continued use of the Site constitutes acceptance of the increased fees.
- Without prejudice to any other rights or remedies available to us, if you fail to pay a fee by the due date, we shall be entitled to (a) claim costs and interest under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the due date for payment accruing on a daily basis, until payment is made; (b) suspend access to the Site; and/or (c) terminate your subscription to PE4Learning.com without notice.
USE OF THE SITE
- The Site enables you to create a profile and upload and share User Content.
- The Site must not be used for any illegal or unauthorised purpose. Users of the Site may not use any information obtained from the Site to advertise or sell to any other user without his or her prior explicit consent.
- When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) use the Site in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of the Site; and/or (c) save to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site.
- User Content must comply with all applicable laws and regulations and our Acceptable Use Policy
- You can share your User Content with other users.
- We are not responsible and accept no liability for User Content including any User Content that contains incorrect information. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. We do not necessarily endorse any opinion or statement contained in any User Content.
- The copyright in all material contained in the Site including all information, data, text, images, and all source code and other software is owned by or licensed to PE4Learning (Our Content). All rights are reserved. You can view, print or download extracts of Our Content for your own internal business purposes, use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use Our Content without our permission.
- You acknowledge that Our Content is for information only and does not constitute advice or recommendation. We do not warrant that Our Content complies with any requirements of government, the national curriculum and/or any particular examination board.
Links to third party content
- The Site may contain links to websites or Sites operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
- We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not PE4Learning, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
LIABILITY AND DISCLAIMER – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION
- Use of the Site, and in particular User Content, is at your own risk. The Site and all User Content is provided on an “as is” basis. Each user acknowledges and agrees that the User Content is provided for information only and does not constitute advice or recommendation by PE4Learning. Each user must determine whether the User Content is fit for purpose, and each user determines at its sole discretion whether or not to use and/or rely on User Content in its professional teaching capacity. To the maximum extent permitted by law (a) PE4Learning disclaims all liability whatsoever, whether arising in contract, tort (including negligence) under statute or otherwise in relation to the Site including Our Content and User Content; and (b) all implied warranties, terms and conditions relating to the Site, Our Content and User Content (whether implied by statute, common law or otherwise), including any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded.
- PE4Learning will not be liable, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the Site, for any (a) economic loss including loss of revenues, profits, contracts, business or anticipated savings; (b) loss of reputation; (c) loss of data including User Content of any user; and/or (d) special or indirect or consequential loss even if advised of the possibility of such losses.
- If PE4Learning is liable to you directly or indirectly in relation to the Site, that liability (howsoever arising) shall be limited to the fees paid by you to PE4Learning in the 12 months before the claim arose. Nothing in these Terms shall be construed as excluding or limiting the liability of PE4Learning for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law.
- There may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You also acknowledge that the Site may be subject to breaches of security and that the submission of content and interactions with other users may not be secure.
- We reserve the right to remove any content or features from the Site for any reason, without prior notice and/or to suspend or cease providing any services relating to the Site without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.
- You may terminate your account at any time, provided that we shall not be obliged to refund you any fees paid in advance.
- Without prejudice to any other rights or remedies available to us, we may suspend or terminate your account if (a) you have breached any provision of these Terms including the Acceptable Use Policy; (b) we cannot verify or authenticate any information you provide to us; and/or (c) we determine that your conduct could damage our reputation.
- If your account is terminated (a) you must cease to use the Site; (b) you may not re-register under a different name; and (c) you acknowledge that your User Content may be deleted or retained by us after the date your account is deleted at our sole discretion.
- In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.
- If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- You consent to receive all communications including notices and other information from PE4Learning electronically. PE4Learning may provide all such communications by email or by posting them on the Site.
- If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the products please contact via the website footer links.
- These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
- PE4Learning reserves the right to remove any copyright material shared or uploaded to the site by a site user.
LAST UPDATED MAY 2018
COLLECTION OF PERSONAL DATA THROUGH THE SITE
- We will collect your personal information through your use of the Site when you sign-up and as provided by you through your interactions with the Site including when you upload content to the Site. For example, we may collect your name, address, telephone number, school address and email address. All information that you provide must be true, complete and accurate.
- When you use the Site, we automatically collect and store information about your computer, browser or mobile device and your activities. This information could include (a) your computer or other device’s unique ID number; (b) your mobile device’s geographic location while you are using the Site; (c) your IP address: (d) technical information about your computer and mobile device such as type of device, web browser or operating system; (e) your preferences and settings such as time zone and language; (f) how long you used the Site and which services and features you used.
USE OF THE INFORMATION
- We may use your personal information to (a) manage your account and provide the services and support you request; (b) prevent potentially prohibited or illegal activities and enforce the Terms; (c) customise, measure and improve our services, content and advertising; (d) tell you about our services; (e) better understand our users, diagnose and fix problems; and (f) sell and display offers and ads that may be relevant to you.
- We do not share personal information with others except (a) in accordance with the Terms; (b) when we inform you and you expressly agree to having your personal information shared; (c) to respond to legal requirements (including under the Data Protection Act 1998 as amended, or its local equivalent) or protect a third party’s rights, property, or safety; and (d) to any service providers, sub-contractors and agents that we may appoint to perform functions on our behalf and in accordance with our instructions, including our payment providers.
- We shall not transfer your personal data outside of the EEA without your prior consent.
- When you provide your personal data to us, you expressly consent to receive marketing emails from us. You can choose to no longer receive marketing emails from us by notifying us at email@example.com.
- We shall therefore retain your personal data in our records for marketing purposes until you notify us that you no longer wish to receive marketing emails from us.
- A cookie is a small text file containing a unique identification number that is transferred (through your browser) from a website to the hard drive of your computer. The cookie identifies your browser but will not let a website know any personal information about you, such as your name and/or address. These files are then used by websites to identify when users revisit that website.
- If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
- We take appropriate technical and organizational against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage, to personal data. The technology that we use and the security policies which we have implemented are intended to safeguard your information from unauthorised access and improper use. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise that your personal information, or other interactions with the Site, other users or us will always remain secure.
- You have the right to obtain from PE4Learning a copy of the personal data that we hold for you, and to require us to correct errors in the personal data that we process for you if it is inaccurate or incomplete.
- You have the right to require PE4Learning to delete your personal data, but you acknowledge that if we do so, your PE4Learning account will terminate.
- To exercise these rights, or any other rights you may have under applicable laws, please contact us at firstname.lastname@example.org.
21. Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Retaining your data
22. If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.
23. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
Rights over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
What we collect and store via our shop
While you visit our site, we’ll track:
- Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
- Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping
- Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!
When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, and optional account information like username and password. We’ll use this information for purposes, such as, to:
- Send you information about your account and order
- Respond to your requests, including refunds and complaints
- Process payments and prevent fraud
- Set up your account for our store
- Comply with any legal obligations we have, such as calculating taxes
- Improve our store offerings
- Send you marketing messages, if you choose to receive them
If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.
We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it.
We will also store comments or reviews, if you choose to leave them.
We accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information.
How is your data protected
Our hosting company uses secure servers to protect your data and site database. See here for more detailed information on the security levels offered by Smart Hosting
Who we share your data with
PE4Learning do not share data with any third parties unless you consent to it by filling out a form to purchase an affiliate product from the shop page. This is so the affiliate vendor can fulfill your order and contact you regarding payment and shipping if required.
USER CONTENT MUST NOT
- encourage or otherwise deliberately or recklessly involve any breaches of applicable laws, regulations, codes of practice and/or guidelines relating to education;
- include knowingly false, misleading or deceptive information;
- include any copyrights, database rights, trade marks or other intellectual property rights that do not belong to you, unless you have the written consent of the owner of such rights;
- include any content which promotes fraudulent, obscene, pornographic, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory;
- interfere with the access, use or enjoyment of the systems of PE4Learning or any third party, including without limitation causing greater demand on the systems than is deemed by PE4Learning to be reasonable, attacks such as flaming other participants in a manner that might incite or perpetuate a conflict or argument;
- harvest or otherwise collect non-public information about another user obtained through the Site (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;
- add a Site member to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes;
- use another’s User Content except in accordance with the Terms, including by deep-linking, redistributing or facilitating the redistribution of another User’s Content.
Account Erasure Request
Contact PE4Learning here to request your data or submit an account erasure request. You have the right to request this at any time and is a simple process.
Last updated: 23/05/2018