List of active policies

Name Type User consent
Moodle's Privacy Notice Site policy All users
Moodle's Cookies Policy Site policy All users
MoodleCloud Terms of Service Site policy All users
BCAilearn Terms of Use (2021.9.15) Site policy All users



Summary

You must not post, upload, publish, submit or transmit any content that:
  1. infringes, misappropriates or violates any third party intellectual property rights, publicity rights or privacy laws;
  2. is fraudulent, false, misleading or deceptive;
  3. denigrates Moodle or the MoodleCloud Services;
  4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
  7. promotes illegal or harmful activities or substances.

Full policy

MOODLECLOUD TERMS OF SERVICE

These Terms of Service (“Terms”) are between Moodle Pty Ltd (ABN 55 116 513 636) (referred to as “Moodle”, “We”, “Us” and “Our”) and the individual, organisation or other entity agreeing to these Terms (referred to as “You” or “Your”), collectively referred to as the Parties or each a Party. These Terms govern the access and use of the cloud hosting services via Our websites including moodlecloud.com (“MoodleCloud Services” or “Website”).

  1. ACCEPTANCE
    1. By signing up to access and use the MoodleCloud Services You agree to these Terms. If You do not agree to these Terms, You should notify Us and cease accessing the MoodleCloud Services immediately. If You are agreeing to these Terms on behalf of an organisation, You represent and warrant that You have the power and authority to enter into and bind such organisation.
    2. You acknowledge and agree that, as between Us and You, You are responsible for the acts or omissions of all persons accessing the MoodleCloud Services upon Your authority or permission (“Users”). You must ensure all Users accessing the MoodleCloud Services do so in accordance with these Terms.
    3. These Terms are subject to amendment from time to time. Any Amendments made will be published at moodlecloud.com and We will notify You of the same. You will be treated as having consented to the amended terms by continuing to access or use the MoodleCloud Services 28 days after the date of any such notice unless otherwise specified to You.
  2. OTHER TERMS AND CONDITIONS
    1. These Terms complement and hereby incorporate Our Privacy Notice, Cookies Policy and our Data Processing Agreement as set out on Our website at https://moodle.com/privacy-notice/.
    2. Your Users must agree to our Terms of Service and the policies outlined in 2.1.
    3. You may choose to use Third Party Products (defined below) offered with the MoodleCloud Services and their terms of service may apply to You.
  3. SERVICES
    1. Users can access and use MoodleCloud Services via the Website on any supporting computer, mobile, tablet or other device (“Device”). We only provide support to Users accessing the MoodleCloud Services via our recommended browsers.
    2. You can access and use MoodleCloud Services for a 28 day free trial or obtain additional features and functionalities, by purchasing a MoodleCloud Services package (Paid Package Service) and pay the applicable fees (Fees) for the specific plan period as set out on the Website. If You choose to include third party products and services that provide additional features or functionalities (Third Party Products) there may be additional fees as set out on the Website.
    3. To obtain access and use the MoodleCloud Services, You must complete the signup form to Moodle’s satisfaction and pay the requisite Fees.
    4. As part of Your MoodleCloud Services You can: (a) manage billing and amend the MoodleCloud Services required; (b) purchase Third Party Products; (c) delete or export Your MoodleCloud site(s); (d) view User and storage space use; and (e) contact Moodle Partners to obtain their services. You may assign and grant Users access to Your MoodleCloud site(s) and administer such Users and their capabilities in Your site.
    5. Your MoodleCloud site will be allocated a limited number of Users and a limited amount of storage space as set out on the Website subject to your chosen plan.
    6. If You have a “Free Forever” service, We will cease providing the MoodleCloud Services and delete Your MoodleCloud Site if Your MoodleCloud account is inactive for 14 days.
    7. Although We endeavour to ensure Third Party Products are maintained and updated on a regular basis, Moodle disclaims all responsibility and liability for the quality, reliability or failure of any Third Party Products.
  4. DATA
    1. Account information, including Personal Information or content (Data) that You or Users upload or submit to Your MoodleCloud site(s) may be processed and stored on servers outside Your country.
    2. We will not use, disclose or reference any Data except for support and training purposes in accordance with these Terms or as required for Us to provide or improve the MoodleCloud Services.
    3. You represent and warrant that:
      1. any and all Data You upload or submit via the MoodleCloud Services is Your sole and exclusive property; or
      2. You have secured any and all authorisation and rights to use such Data as applicable under relevant laws.
    4. You grant Moodle a licence to use, copy, transmit, store, process and back-up your Data, account information, Intellectual Property Rights and other related information:
      1. for the provision of MoodleCloud Services to You and Your Users and the performance of Our obligations under these Terms; and
      2. for research and development as required for the improvement of MoodleCloud Services.
    5. It is Your responsibility to maintain copies of all Data which You and a User uploads or submits via the MoodleCloud Services. We will use reasonable industry standards and procedures to prevent Data loss. However, as We utilise third party cloud-based services, We do not guarantee no loss of Data.
    6. If You purchase any Third Party Products, You acknowledge that We may allow such third parties to access any inputted Data as required for the interoperation of the Third Party Products to the MoodleCloud Services. We are not responsible for any disclosure, modification or deletion of Data resulting from any access by such third parties.
    7. You acknowledge and agree that:
      1. We are not responsible for any corruption or loss of any Data; and
      2. b. You are responsible for complying with all laws and regulations regarding the use and disclosure of Your Data including but not limited to the EU’s General Data Protection Regulation 2016/679, UK General Data Protection Regulation, the California Consumer Privacy Act 2018, the Australian Privacy Act 1988 (Cth), or other requirements under any corresponding foreign domestic law (“Privacy Laws”).
    8. We will use and maintain reasonable security systems for the transmission of Data, consisting of encryption and firewall technologies that are generally used in the cloud services sector to provide security for the transmission of such information over the Internet.
  5. AVAILABILITY MOODLECLOUD SERVICES
    1. We do not warrant that access to the MoodleCloud Services or Your Data will be available without interruption and at times such access may be unavailable due to maintenance or other development activity. You can check Our service level by accessing Our status page.
    2. Where possible, We will provide notice to You and the Users of any maintenance or development activity in advance via email and on our Website.
  6. SUPPORT
    1. We may provide limited technical support to You as set out on the Website and we will endeavour to respond to a support request within a reasonable period of time.
    2. We may refer You to a Moodle Certified Partner if You require specific, customised support. This may incur a support services fee.
  7. PAYMENT
    1. You agree to pay the requisite Fees upfront by way of credit card or PayPal to enable You to access and use the MoodleCloud Services.
    2. If You choose a Third Party Product and there are Fees are payable, You agree to pay the Third Party’s Fees upfront or as required to enable You to access and use the Third Party Product.
    3. You agree that We will automatically debit Your PayPal account or credit card to renew Your MoodleCloud Services unless You notify Moodle of Your cancelation of the MoodleCloud Services in writing with at least 30 days notice.
    4. Payment is due on the date of the invoice. If Your nominated payment method is declined We will notify You and automatically retry for up to 10 days. If payment has not been made within 10 days, Your MoodleCloud Services including MoodleCloud Sites may be suspended until payment is made or alternatively Your site may be deleted at Moodle’s sole discretion.
    5. Unless otherwise stated, all amounts are exclusive of Value Added Tax (VAT) or Goods and Services Tax (GST). VAT or GST will be specified and charged where applicable.
  8. CANCELLATION OF MOODLECLOUD SERVICES
    1. You may cancel Your MoodleCloud Services at any time. If You cancel Your MoodleCloud Services or Third Party Products, Your access will be terminated at the end of the current billing cycle, and automatic payments will cease at the end of Your current payment period.
    2. It is Your responsibility to retrieve all relevant Data from Your MoodleCloud Site(s) prior to termination.
    3. We may terminate the MoodleCloud Services immediately, at Our sole discretion, if:
      1. You breach any of these Terms not capable of remedy or You do not remedy a breach capable of remedy within 7 days of receiving notice to do so;
      2. We consider that the request for MoodleCloud Services is or was inappropriate, improper or unlawful;
      3. We believe You are insolvent or unable to pay Your debts as they fall due; or
      4. due to a Force Majeure event in accordance with clause 24.
    4. On termination of the MoodleCloud Services, We may retain certain Data as required by law or regulation.
  9. REFUND POLICY
    1. Subject to Your rights under the Australian Consumer Law, We may provide You with a refund of any Fees on a case-by-case basis and solely at Our discretion, including if the MoodleCloud Services are unavailable for an unreasonable period of time.
    2. Any cancellation, exchange or refund of a payment relating to a Third Party Product is strictly a matter between You and the relevant third party.
  10. USER OBLIGATIONS
    1. You warrant that all information provided to Moodle is true, accurate and complete.
    2. You acknowledge and agree You are responsible for how the Users use the MoodleCloud Services and that:
      1. You and each User uses the MoodleCloud Services at Your own risk;
      2. all usernames and passwords required to access the MoodleCloud Services are kept secure and confidential;
      3. if there is any unauthorised use of Your password or any other breach of security, You will immediately notify Moodle of such activity;
      4. the accessibility and reliability of the MoodleCloud Services is dependent upon Your and each User's choice of web-browser, internet connection, Device, Device operating system other hardware and their settings;
      5. it is Your responsibility to determine that the MoodleCloud Services meet Your needs and Your business and are suitable for the purposes for which the MoodleCloud Services are used;
      6. You are responsible for obtaining any consents, licences, permits and permissions from other parties as required for the MoodleCloud Services to be provided including content within Your MoodleCloud Site, at Your cost, and for providing Us with the necessary consents, licences and permissions upon request; and
      7. You will cooperate with Us and provide Us, as reasonably requested by Us from time to time, with information about Your Device and/or access to Your Data as is reasonably necessary to enable Us to perform the MoodleCloud Services and comply with these requests in a timely manner.
    3. You acknowledge and agree that:
      1. each User is authorised to use the MoodleCloud Services and access or input any Data into the MoodleCloud Site or provide such Data to Us as required for the MoodleCloud Services;
      2. You will procure each User to use the MoodleCloud Services in a lawful manner and in accordance with these Terms; and
      3. MoodleCloud Services may include Third Party Products and services. Your use of MoodleCloud Services may be subject to additional terms with such Third Parties. Where You use a Third Party Product, any such terms are solely between You and the third party.
    4. We are not responsible to any person or entity other than You and nothing in these Terms confers, or purports to confer, a benefit on any other person or entity. If You use the MoodleCloud Services on behalf of or for the benefit of any third party, You agree that:
      1. You are responsible for ensuring that You have the right to do so;
      2. We do not warrant the fitness for purpose or suitability of the MoodleCloud Services for such third party's purposes and third parties may not rely on Moodle for any purpose;
      3. You are responsible for authorising any person who is given access to Your Data, and You agree that We have no obligation to provide any person or entity with access to such Data without authorisation from You and may refer any requests for access to the Data to You to address; and
      4. You will indemnify Moodle, on first demand, against any and all claims, expenses, liabilities or losses arising out of in connection with Our refusal to provide any persons with access to Data in accordance with these Terms or Moodle making Data available to any person with authorisation from You.
    5. You remain solely responsible for complying with all applicable laws. It is Your responsibility to ensure that the storage of and access to Your Data via the MoodleCloud Services and Website comply with laws which are applicable to You, including any laws requiring You to retain records of Your Data.
    6. Each User must have their own safeguards and back-up processes in place to recover from any failures or loss of Data which might occur whilst using the MoodleCloud Services and protecting the confidentiality of Your Data with suitable management procedures, as You may see fit.
  11. PROHIBITED USE
    1. You acknowledge and agree that You and each User will not:
      1. attempt to circumvent or disable the Website or any technology features or measures in the Website by any means or in any manner;
      2. attempt to modify, copy, adapt or reproduce the Website except as necessary to use it as represented by Us to You;
      3. distribute, encumber, sell, rent, lease, sub-licence, or otherwise transfer, publish or disclose the MoodleCloud Services to any third party (except as permitted under these Terms) or with our permission;
      4. remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Website or used in connection with the MoodleCloud Services;
      5. use the MoodleCloud Services in any manner to aid in the violation of any third party Intellectual Property Rights;
      6. take any action that interferes, in any manner, with Our rights with respect to the MoodleCloud Services;
      7. upload any products or services offered by third parties, including any plugins other than providing access to an externally-located Third Party product through selecting an activity within a course using the external tool feature;
      8. attempt to undermine the security or integrity of the MoodleCloud Services, servers, computing systems or a third party's computing systems and networks hosting the MoodleCloud Services;
      9. attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access; and
      10. transmit, or input into the Website, any files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including any content protected by copyright or trade secrets which You do not have the right to use).
    2. You must not, and You must ensure each User does not, post, upload, publish, submit or transmit any content that:
      1. infringes, misappropriates or violates any third party Intellectual Property Rights, publicity rights or Privacy Laws;
      2. is fraudulent, false, misleading or deceptive;
      3. denigrates Moodle or the MoodleCloud Services;
      4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
      5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
      6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
      7. promotes illegal or harmful activities or substances.
    3. Ownership and Intellectual Property Rights in any content displayed or accessed through the Website, is the property of the applicable content owner. These Terms do not purport to extend any rights to any content which You do not own.
    4. Any breach of this clause will entitle Moodle, at its discretion, to suspend or terminate Your access to Your MoodleCloud Services.
  12. INTELLECTUAL PROPERTY
    1. In these Terms Intellectual Property Rights includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
    2. Title and ownership to all Intellectual Property Rights in the MoodleCloud Services and related documentation remains Our property and the property of Our successors and permitted assigns. Your right to use such Intellectual Property is subject to these Terms.
    3. Subject to these Terms, We grant You a personal, non-exclusive, non-transferable, limited, revocable licence to use and access the MoodleCloud Services in accordance with these Terms.
    4. Title to and all Intellectual Property Rights in any Data You input into MoodleCloud Services remain Your property. However, Your access to such Data stored is contingent on Your ongoing payment of Fees.
    5. You grant Moodle a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the MoodleCloud Services and the performance of Our obligations under these Terms.
  13. DISPUTE RESOLUTION
    1. Any feedback should be provided to Us using the relevant contact form as set out on the Website.
    2. Any dispute concerning these Terms or the access or use of MoodleCloud Services must be initiated in accordance with the following dispute resolution procedure:
      1. the complainant must outline the dispute and outcome sought in writing, within 28 days of the circumstances giving rise to the dispute (“Dispute Notice”).
      2. The Parties agree to meet in good faith to seek to resolve the dispute within 28 days of the Dispute Notice.
      3. If the Parties cannot resolve the dispute within 60 days either Party may pursue the matter at its sole discretion.
    3. Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
  14. AUSTRALIAN CONSUMER LAW
    1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer You with rights, warranties, guarantees and remedies relating to the provision of MoodleCloud Services by Moodle to You which cannot be excluded, restricted or modified (“Statutory Rights”).
    2. If You are a consumer under the ACL, nothing in these Terms removes or is intended to restrict Your Statutory Rights. You agree that Our liability for MoodleCloud Services provided to consumers is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for Your Statutory Rights.
    3. Except for Your Statutory Rights, all material and work is provided to You without warranties of any kind, either express or implied; and We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
    4. If You are a consumer as defined in the ACL, the following applies to You: We guarantee that the services We supply to You are rendered with due care and skill; fit for the purpose that We advertise, or that You have told Us You are acquiring the services for or for a result which You have told Us You wish the services achieve, unless We consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent We are unable to exclude liability; Our total liability for loss or damage You suffer or incur from MoodleCloud Services are limited to Us re-supplying the services to You, or, at Our option, Us refunding toYou the amount You have paid Us for the services to which Your claim relates.
  15. LIMITATION OF LIABILITY AND DISCLAIMERS
    1. The Parties agree that, Our liability for the MoodleCloud Services is governed solely by the Australian Consumer Law and these Terms
    2. You acknowledge that while We will take reasonable steps to ensure that the MoodleCloud Services will be fit for the purposes as advertised, We do not guarantee that:
      1. the MoodleCloud Services will meet Your specific requirements;
      2. the MoodleCloud Services will work in each of Your desired use case scenarios; and
      3. the MoodleCloud Services are able to be executed on all operating systems.
    3. The MoodleCloud Services use third party services including third party hosting services which are provided without any sort of warranties, and We cannot ensure that these third party hosting services are provided free of defect or without interruption.
    4. We do not warrant that use of MoodleCloud Services or Website will be uninterrupted or error free. The operation of MoodleCloud Services and Website is dependent on third party hosting services and Internet connectivity which can be unpredictable from time to time and limit Your use of the MoodleCloud Services.
    5. All risk arising out of the use or performance of MoodleCloud Services remains with You. You understand and agree that the use of the MoodleCloud Services, material or data downloaded or otherwise obtained through the use of the MoodleCloud Services, is at Your own discretion and risk and that You will be solely responsible for any infections, contaminations or damage to Your computer, system or network. We are not responsible or liable for delays, inaccuracies, errors or omissions arising out of Your use of the MoodleCloud Services or any third party software or operating system.
    6. To the maximum extent permitted by law, We disclaim all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights or lack of viruses, for the MoodleCloud Services. In no event will We be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever arising out of these Terms, the use of or inability to use the MoodleCloud Services or Website, even if We were advised of the possibility of such damages.
    7. You acknowledge that We may pursue any available equitable or other remedy against You as a result of a breach by You of any provision of these Terms.
    8. Our liability for breach of any obligations under these Terms, or breach of any warranty implied by law, will be limited, to the extent permitted by law, to the total price paid by You for the MoodleCloud Services. Our total liability to You for all damages in connection with the MoodleCloud Services will not exceed the price paid by You under these Terms for the 12 months period prior to the act which gave rise to the liability. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
    9. You acknowledge and agree that We will not be liable for any non-compensatory damages including punitive, aggravated, multiple, exemplary, liquidated or any other non-compensatory damages or the consequences of non-payment.
  16. INDEMNITY
    1. You will be liable for and agree to indemnify, defend and hold Moodle harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms; (iii) and any misuse of the MoodleCloud Services or Website; from or by You, Your Users, Your employees, contractors or agents.
    2. You agree to cooperate with Moodle (at Your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of Your use of the MoodleCloud Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information You have given Us.
    3. The obligations under this clause will survive termination of these Terms.
  17. NOTICE
    1. Any notice required or permitted to be given to the User under these Terms will be addressed to the User at the email address provided by the User.
  18. FORCE MAJEURE
    1. If performance of these Terms or any obligation under these Terms is prevented, restricted, or interfered with by causes beyond either party's reasonable control (Force Majeure), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, pandemics, epidemics, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
  19. ENFORCEABILITY
    1. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question will not be affected.
  20. ENTIRE AGREEMENT AND UNDERSTANDING
    1. In respect of the subject matter of these Terms:
      1. these Terms contain the entire understanding between the Parties; and
      2. all previous oral and written communications, representations, warranties or commitments are superseded by these Terms and do not affect the interpretation or meaning of these Terms.
  21. GOVERNING LAW AND JURISDICTION
    1. These Terms are governed by the laws of Western Australia and the federal laws of the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia.

Contacting Moodle

For any questions, issues or feedback, please use the contact methods as set out on the Website.

For any notices, please contact Us using the details below:

Moodle Pty Ltd (ABN 55 116 513 636)
First Floor, 20 Kings Park Road
West Perth WA 6005
Email: support@moodlecloud.com

Last update: January 2024


Summary

BCAilearn VLE Terms of Use

Full policy

BCAilearn.com Terms of Use
Updated 2021.9.15

1. Technology Philosophy
a) At Black Country Atelier Ltd (BCA) we develop engaging and relevant technology and learning resources to aid teachers and students in their work and learning.
b) BCAilearn.com is a virtual learning environment (the “VLE”) owned and operated by BCA to support our courses and programs.
c) Throughout the site, the terms “BCA,” “we,” “us” and “our” refer to BCA; the terms “VLE”, “site” and “BCAilearn” refer to BCAilearn.com.
d) BCA offers the VLE, including all information, features and services available from this VLE, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of the VLE constitutes your agreement to all such terms, conditions, policies and notices.

2. Purpose of The VLE
a) This site is operated for the purpose of providing courses, information, and services offered by BCA.
b) The VLE includes the online learning platform accessed via BCAilearn.com and any technologies or resources hosted on the VLE. The VLE also extends to and includes any downloaded, printed, or other materials originally derived from the BCAilearn website (in whatsoever format).
c) All technology and learning resources provided by BCA on the VLE is for academic non-commercial use only unless agreed in writing by BCA.

d) BCA may provide an alternative web address to access its VLE material, in which case BCA will provide the VLE material on an equivalent basis as it would have done via bcailearn.com.

3. Your Use of This VLE
a) You must have a valid license to access the VLE.
b) As a condition to your continued use of the VLE, you agree that you will not use this VLE for any purpose that is unlawful or prohibited by these Terms of Use. You agree that BCA may immediately terminate your access to this site if you violate these Terms of Use, or if we determine, in our sole discretion, that your use of this site is objectionable or is contrary to the intended purposes of this site. Without limiting the foregoing, it is our policy to terminate access to this site of any user whom we determine to be a repeat infringer, of these Terms of Use or any third-party rights.

4. Accuracy, Completeness and Timeliness of Information on the VLE
a) We are not responsible if information we make available on this site is not accurate, complete or current.
b) The material on this site is provided for general course information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information.
d) You agree that it is your responsibility to study the information on this site and decide whether the information is suitable for your use.
c) Any reliance on the material on this site is at your own risk.
d) This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only.
e) This site may also contain information provided by third parties, and opinions and views of third parties. We are under no obligation to verify any information provided by third parties, and the opinions and views expressed by third parties are not those of BCA, and are not endorsed by us.
f) We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site.
g) You agree that it is your responsibility to monitor changes to the site.

5. Use of Material from This VLE
a) This VLE (including but not limited to software, files, graphics and data found on the site) is the property of and owned by BCA or its licensors and is protected by copyright, trademark and other laws of the United Kingdom and other countries.
b) You must have a valid license to access the Site and any of its resources. The length and period of your license will vary. If you are not sure of your license period please check with your local administrator or BCA representative.
c) A valid license grants your school or centre access to the site for an agreed number of teacher and student users. Each user must have an unique user login to access the VLE.
d) Only users with unique logins and a valid license may access, view, download, or print learning materials from the site.
e) Within your license period, you may display, download and print hard copy versions of the material contained on the site for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print.
f) BCA invests in producing engaging learning content. To help us make this venture sustainable, we appreciate and rely on the support of our customers. Do not give, lend, sell or transfer any learning materials from the site to others without prior written permission of BCA.
g) When you display, copy, download or print any material on or from the site, it is provided to you by BCA or its licensors under a license that is revocable. BCA and its licensors retain full and complete title to the material on this site and to any and all of the associated intellectual property rights. Any other use of the material on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site is expressly prohibited.

6. Trademarks, Copyrights and Plagiarism
a) This site features trademarks, service marks and logos that are the property of BCA and its affiliates or licensors. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner.
b) This site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United Kingdom and other countries.
c) Users will not plagiarise words or information from the VLE or materials from the VLE. Plagiarism is the taking of ideas, words, phrases, or writings of another and presenting them as if they were a student’s original work.
d) A small limited amount of text materials from the VLE which is copyright of BCA may be used for reference purposes only within your personal academic non-commercial work. This is limited to a maximum of 10% of text from any one page, and in aggregate no more than 10% of text from total materials available to you on the VLE.
e) Any reference materials used within the limits set out in 6d must clearly reference BCA as the source of the material.
f) You may not copy or reproduce any graphics, photographs, or other illustrations from the VLE within your own work without prior written permission from BCA.

7. Intellectual Property Rights of Others
We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify us at:

Black Country Atelier Ltd
Gable House, 18-24 Turnham Green Terrace
London W4 1QP
e-mail: info@blackcountryatelier.com

Please include all of the following in your notification:
• a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
• a description of the copyrighted work you claim has been infringed;
• a description of where the material you claim is infringing is located on the site;
• your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. Materials You Submit to The VLE
a) Where your license enables you to submit information to the VLE, you acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material.
b) You represent, warrant, and agree that you own all rights to the content you post or otherwise control sufficient rights to grant the rights you grant by these Terms of Use; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; that you will not upload to, distribute or otherwise publish through this site any content that (i) is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” If you submit any video content through this site, you further represent, warrant and agree that you have written consent or permission of each identifiable individual in such content to use their name and likeness and grant the rights you grant in these Terms of Use.
c) You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
d) You may not upload commercial content onto the site. If you do submit material, and unless we indicate otherwise, you grant BCA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media now known or hereafter invented. You grant BCA and its affiliates the right to use the name you submit in connection with such content, if they so choose.
e) BCA reserves the right (but is not obligated) to monitor your use of this site and any content you may submit. Without limiting the foregoing, BCA reserves the right to remove any content (including messages or comments posted on the site) which we determine, in our sole discretion, to be objectionable or otherwise in violation of these Terms of Use.

9. User Accounts
a) You must ensure that the information you are asked to provide on registration is accurate. In particular, you must not enter details of others and are obliged to update your personal information without undue delay in the event of any change.
b) Your access details (email address and password or user name and password) are intended only for use by you personally. You are not authorized to share these access details with others or otherwise disclose them. If you learn of any actual or suspected unauthorized use of your access details, you shall be under an obligation to notify BCA promptly. If you are responsible for such misuse of your access details, you shall be liable for all consequences of use by a third party. Your liability ends only if and when you have notified BCA of the unauthorized use or loss of your access details and changed your password, if necessary.
c) BCA reserves the right to refuse registrations on a case-by-case basis without stating reasons. Moreover, BCA remains entitled at any time to disable access details temporarily or permanently in cases of violation of these terms and conditions of use (in particular if false information was provided on registration and/or access details, in particular passwords, were disclosed to others without authorization) and/or terminate your access with immediate effect or within a period to be determined at BCA’s discretion and/or to terminate the agreement on use by extraordinary termination without notice. The same shall apply in cases of misuse or damage or if the functionality of the offering is impaired. If this is the case, you shall not be entitled to re-register without BCA’s express prior consent.
d) Please note that once your license has ended, you will no longer have access to the VLE, and must delete any materials previously downloaded, printed, or derived from the VLE.

10. At the End of Your License Period
a) At the end of your license, an existing license must be renewed or a new license purchased in order to continue access to the VLE. Without a valid license you will lose access to your VLE.
b) The any use of materials from the VLE, in whatsoever format and whosesoever stored, is strictly prohibited after your license expires. You must take all reasonable steps to delete any materials you may have previously downloaded, printed, or otherwise copied from the VLE.
c) You must also take all reasonable steps to ensure that any other users at your school or centre who are affected by the license expiry are aware and stop using the VLE and its materials.
d) You may export your own grade data from the VLE before the end of your license. A fee may be applied if you require BCA to export the data for you.
e) Subject to 10f and 11e, at the end of your license period, at BCA’s discretion your personal information may be stored for a maximum of 6 months in order that in rare circumstances should teachers or students need access to historical course data a copy of that data can be obtained. After 6 months, user data on the VLE will be anonymised and the anonymised data kept on record to analyse course engagement and better adapt learning resources in the future.
f) We make no guarantees that your data will be available in whatsoever format after your license period expires.
g) You can request for your data to be anonymised at any time, please send an email to info@blackcountryatelier.com. Please be aware if you want your data anonymised before the end of your license period, there may be restrictions on your access to materials or activities on the VLE.

11. Your data
a) We will keep your information within BCA except where disclosure is required or permitted by law (for example to government bodies and law enforcement agencies). Where other parties are involved in the goods or service we provide to you including, for example, awarding bodies accrediting qualifications, and those other parties require access to your data, we will notify you first of any such request first.
b) We will only share your data outside BCA where you have requested it via a data portability request, or given your consent. BCA requires all third parties to comply strictly with its instructions and BCA requires that they do not use your personal information for their own business purposes and only use your information for reasons associated with the goods or services we provide for you.
c) We will hold your personal information on our systems for as long as is necessary for the purpose of the supply or goods of services and for any legal or regulatory requirements. After which time we will anonymise your data, removing any information which may identify you.
d) We will NEVER sell your information or data from the Site to third parties.

12. Disclaimers
a) Your use of this site is at your sole risk. The site and any materials contained within it is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time.
b) BCA expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are noninfringing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from BCA or through or from the site shall create any warranty of any kind. BCA does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
c) In certain countries, the law may not permit all or a portion of the disclaimer of warranties, so the above disclaimer may not apply to you, in whole or in part. In such cases, the disclaimer will apply to you to the extent permitted by applicable law.

13. Limitation of Liability
a) To the fullest extent permitted under applicable law, you understand and agree that neither BCA nor any of its affiliates or third party content providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages relating to or resulting from your use of or inability to use this site or any other site you access through a link from this site or from any actions we take or fail to take as a result of email messages you send us. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise arise out of or in connection with the use, inability to use, or performance of the information, services, products or materials available from this site, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.

14. Indemnification
a) You agree to indemnify, defend and hold harmless BCA and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable lawyers’ fees and court costs, arising or resulting from any violation of these Terms of Use.
b) If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable lawyers’ fees and court costs, arising or resulting from that disruption.

15. Links and Endorsements
a) The VLE may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.
b) The VLE and its materials may contain reference to third parties. These references are provided as a convenience to you as an additional avenue of access to course information. We are not responsible for the accuracy, completeness or timeliness of information regarding third parties. You must take responsibility for checking any references are suitable for your intended use. Any references to third parties should not be viewed as an endorsement of the third party, neither should it be viewed as endorsement from the third part of BCA unless otherwise explicitly stated.

16. Jurisdiction
a) BCA is organized under the laws of the United Kingdom. You irrevocably consent to the jurisdiction of the courts located in the United Kingdom for any action to enforce these Terms of Use.
b) We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the United Kingdom. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. In the event of any legal action arising from or relating to these Terms of Use or your use of this site, you hereby waive the right to a jury trial.

17. Changes to These Terms of Use
a) We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

18. Miscellaneous
a) If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and BCA with respect to use of the website and the contents thereof, superseding all prior or contemporaneous communications.

19. How to Contact Us
If you have any questions or comments about these Terms of Use, please write us at:

Black Country Atelier Ltd
Gable House, 18-24 Turnham Green Terrace
London W4 1QP
e-mail: info@blackcountryatelier.com

By accessing the site you are agreeing to the terms set out above.