1.1 This webpage (together with the webpages and documents referred to in it) sets out the terms and conditions ("Terms") on which you may use:
(a) our website at https://www.digitalboost.org.uk/ ("Website"), whether as a guest or a registered user; and
(b) the associated services (including Boost Workshops, Masterclasses, Boost Calls, Boost Recommendations, Boost Insights, Resource Centre and your Dashboard) which are designed to allow organisations to get support and guidance (“Digital Boost”), (together, the "Services").
1.2 These Terms refer to the following additional terms, which also apply to your use of the Services:
PLEASE READ ALL OF THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE WEBSITE AND/OR DIGITAL BOOST. We may amend these terms from time to time. Every time you wish to use our site, please check the terms to ensure you understand and agree to the terms that apply at that time. These terms were most recently updated on the 1st of July 2022.
“Beneficiary” means a person registered with us that uses the Website to receive Digital Boost services;
“ContentStandards” means the content standards as set out in section 10 of these Terms;
“Data Protection Legislation” means Directive 95/46/EC, as transposed into domestic legislation of each Member State of the European Economic Area and in each case as amended, replaced or superseded from time to time, including without limitation by the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council ("GDPR") and any data protection laws substantially amending, replacing or superseding the GDPR following the exit by the United Kingdom from the European Union, and/or other applicable data protection or national/federal or state/provincial/emirate privacy legislation in force, including where applicable, statues, decisions, guidelines, guidance notes, codes of practice, codes of conduct and data protection certification mechanisms issued from time to time by courts, any Supervisory Authority and other applicable authorities;
“IntellectualProperty Rights” means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, get ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world;
“PersonalData” means as defined in the Data Protection Legislation;
(a) an independent public authority which is established by a Member State pursuant to Article 51 GDPR; and
(b) any similar regulatory authority responsible for the enforcement of Data Protection Legislation; and
“User” means a user of the Website and/or Digital Boost;
“UserAccount” means the User’s account with us which contains the User’s personal information including their [name, address, and email address]; and
“Volunteer” means a company or a person registered with us that uses the Website to give Digital Boost services.
2.1 In these terms (unless the context requires otherwise):
(a) the words “including”, “include”, or “in particular” means including, includes or in particular without limitation and words in the singular include the plural and in the plural shall include the singular;
(b) the contents list, headings, and any descriptive notes are for ease of reference only and shall not affect the construction or interpretation of these terms; and
(c) reference to any legislative provision shall be deemed to include any statutory instrument, by-law, regulation, rule, subordinate or delegated legislation or order and any rules and regulations which are made under it, and any subsequent re-enactment or amendment of the same.
2.2 These terms shall apply to the User’s access to the Website and use of the Services.
3. ABOUT US
3.1 The Services are operated by Digital Boost Upskilling, Ltd, a subsidiary of Founders4Schools, a registered charity with registered charity number 1162197. In these Terms, "we", "us" and "our" means Digital Boost Upskilling.
3.2 If you have any comments, questions, or complaints about the Website or Digital Boost, you can write to us at Digital Boost Upskilling Ltd, 22 Chancery Lane, London, WC2A 1LS or contact us through the "Contact" webpage on our Website.
4. ACCESS AND CONTENT
4.1 The Website provides a means to enable Beneficiaries who seek advice on running a small business and digital skills to be connected with Volunteers. We do not provide advisory services, rather we are a technological service provider that uses an electronic platform to provide the Services.
4.2 Access to, and use of, the Services (including the Website) are free of charge. You will need to set up a User Account. Any notice or other communication permitted or required in accordance with these Terms by us will be in writing and sent to the email address that you provided when setting up your User Account.
4.3 We make available to you the Services on an 'as is' basis.
4.4 We do not guarantee that the Services, nor any of the content made available through the Services, will be available or be uninterrupted. Access to the Services may be suspended, restricted or terminated at any time (see sections 14 and 15 of these Terms).
4.5 We can change, modify, substitute or remove any information made available through the Services at any time to reflect changes to our users' needs and our business requirements.
4.6 You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
4.7 Although we make reasonable efforts to update the information made available as part of the Services, we make no representations, warranties or guarantees, whether express or implied, that the content on the Services is accurate, complete or up to date. Use of the Services is strictly at your own risk.
5.1 You may be asked to set-up a password and username in order to use and engage with the Services.
5.2 You are solely responsible for maintaining the confidentiality of your password and username and must not disclose it to any third party. You are responsible for all activities that are carried out under your password and username. We do not have the means to check the identities of people using the Services and will not be responsible for losses suffered by you where your password and/or username is used by someone else unless this is due to our negligence.
5.3 We have the right to disable any username 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.
5.4 You agree to let us know immediately by email if you become aware of or suspect any unauthorised use of your password or user name by sending an email to firstname.lastname@example.org.
6. YOUR CONDUCT AND STANDARDS OF USE
6.1 You agree that you will not use the Services:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) for personal use as a consumer; the Services are provided for business purposes only;
(c) in any way that is unlawful or for a fraudulent purpose or has any unlawful or fraudulent purpose or effect;
(d) for the purpose of harming or attempting to harm any individuals in any way;
(e) to bully, insult, intimidate or humiliate any person;
(f) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards set out in section 10 (User generated content, your content and content standards);
(g) in any way that interrupts, damages, impairs or renders the Website less efficient;
(h) to post any content that belongs to someone else;
(i) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
(j) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.2 You also agree not to access without authority, interfere with, damage or disrupt:
(a) any part of the Services, including the Website;
(b) any equipment or network on which the Services, including the Website, are stored;
(c) any software used in the provision of the Services, including the Website; or
(d) any equipment or network or software owned or used by any third party.
6.3 If we believe that you are using the Services to do any of the above, or otherwise misusing the Services, we can suspend, restrict or terminate your access to the Services (in whole or part) at any time without notifying you. This will not limit our right to take any other action against you that we consider appropriate to defend our rights or those of anyone else. We reserve the right to suspend, restrict or terminate your access to the Services for any reason in our sole discretion.
7. DATA AND DATA PRIVACY
8. OUR INTELLECTUAL PROPERTY AND HOW YOU CAN USE OUR MATERIALS
8.1 You acknowledge and agree that we are the owner or the licensee of all Intellectual Property Rights in the Website and, save to the extent provided otherwise in section 10 (User generated content, your content and content standards), in the material published. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You do not acquire any right in or to the Website or the material published except as expressly specified under these Terms.
8.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.
8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4 Our status (and that of any identified contributors) as the authors of content made available through the Services must always be acknowledged.
8.5 You must not use any part of the content made available through the Services for commercial purposes without obtaining a licence to do so from us.
8.6 If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9. THIRD PARTY WEBSITES AND LINKS
10. USER GENERATED CONTENT, YOUR CONTENT AND CONTENT STANDARDS
10.1 The Services may include information and materials uploaded by other users of the Services. This information and these materials have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us by emailing email@example.com.
10.2 For any and all material (including data, photographs, images, sound and text) that you send to us or otherwise contribute to the Website, including providing feedback on Digital Boost or to make contact with other Users ("UserContent"), you must comply with the Content Standards set out in this section 10.
10.3 You represent and warrant that:
(a) you are entitled to grant the licence granted to us under section 10.8 below;
(b) the User Content does not, and our use of it (including as contemplated by the licence under section 10.8) will not, infringe any third party's intellectual property rights, other proprietary rights, or rights of privacy;
(c) the User Content does not, and our use of it (including as contemplated by the licence under section 10.8 will not violate any applicable law regarding anti-competition, anti-discrimination or false advertising; and
(d) any User Content you upload complies with the Content Standards set out in sections 10.9 and 10.10 below.
You will be liable to us and indemnify us for any breach of the warranty included in this section 10.3. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
10.4 We have the right to:
(a) remove any User Content if, in our opinion, that User Content does not comply with these Terms or for any other reason; and
(b) disclose your identity to any third party who claims that any User Content on our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
10.5 You are solely responsible for securing and backing up your User Content.
10.6 We do not store terrorist content.
Licence for User Content
10.7 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you are required to grant us and other users of the Services a limited licence to use, store and copy that content and to distribute and make it available to third parties (including, but not limited to, for us to publish feedback on Digital Boost with other Users and for us to promote the Services).
10.8 You grant us and all Users of the Services a non-exclusive, royalty-free, perpetual, irrevocable, transferable worldwide licence to use, sub-license, store, reproduce, distribute, prepare derivative works of, and display any User Content and make such User Content available to third parties for the following purposes:
(a) in connection with the Website and the performance of the Services;
(b) for the publication of feedback on Digital Boost to be shared with other Users; and
(c) to promote the Website and the Services (in any manner and via any media).
10.9 All User Content contributions must:
(a) be accurate (where it states facts);
(b) be genuinely believed (where it states opinions); and
(c) comply with applicable law in the England and Wales and in any country from which it is posted;
10.10 The User Content must not:
(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory;
(c) bully, insult, intimidate or humiliate any person;
(d) promote sexually explicit material;
(e) include child sexual abuse material;
(f) promote violence;
(g) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(h) contain any advertising, or any political or religious message;
(i) infringe any copyright, database right, trade mark or any other intellectual property right of any other person;
(j) be likely to deceive any person;
(k) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(l) promote any illegal activity;
(m) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
(n) be likely to harass, upset, embarrass, alarm or annoy any other person;
(o) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(p) give the impression that they emanate from us, if this is not the case;
(q) contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
(r) advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; and/or
(s) contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
10.11 When we consider that a breach of these Content Standards has occurred, we may take such action as we deem appropriate.
10.12 Failure to comply with these Content Standards constitutes a material breach of these Terms and may result in our taking all or any of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use the Website;(b) immediate, temporary or permanent removal of any User Content uploaded by you to the Website;
(c) issue of a warning to you;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you; and/ or
(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
10.13 We exclude our liability for all action we may take in response to breaches of these Content Standards. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
11.1 The material provided through the Services is provided on a voluntary basis, for information only, and you should seek specialist advice before applying it to your specific situations. The Services are provided without any guarantees, representations or warranties as to their accuracy or that they are free from harmful material.
11.2 Under no circumstances will we, our volunteers or our partners be liable to you for any decisions you take as a result of accessing the services available via Digital Boost.
11.3 Notwithstanding any other provision in these Terms, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, fraud or fraudulent misrepresentation.
11.4 We exclude all implied conditions, warranties, representations or other terms that may apply to the Services, including any content on the Website.
11.5 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, which arises under or in connection with:
(a) use of, or inability to use, the Services (including the Website); or
(b) use of, or reliance on, any content displayed on the Website.
11.6 In particular, we will not be liable for (either directly or indirectly):
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of data;
(e) loss of business opportunity, goodwill or reputation; or(
f) any indirect or consequential loss or damage.
11.7 Subject always to section
11.8 our maximum liability to you whether in contract, tort (including negligence) or otherwise is limited to £100. You acknowledge that the Services are provided free of charge and agree that the aforementioned limitation on liability is fair and reasonable in the circumstances.
12. VIRUSES AND ERRORS
12.1 We do not guarantee that the Services will be secure or free from bugs or viruses, nor that its operation will be error free. You are responsible for your own virus protection processes.
12.2 You are responsible for configuring your information technology, computer programmes and platform to access the Services. You should use your own virus protection software.
12.3 You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Services, the server on which the Services are stored or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.
13. LINKING TO OUR WEBSITE
13.1 You may link to our home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2 You must not:
(a) establish a link to the Website or Digital Boost in any website that is not owned by you;
(b) (unless with our prior written authorisation) frame the Website or Digital Boost on any other site; and
(c) create a link to any part of the Website other than the home page.
13.3 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.4 We reserve the right to withdraw linking permission without notice.
13.5 The website in which you are linking must comply in all respects with the standards set out in sections 10.9 and 10.10.
14. SUSPENSION OR MODIFICATION
We reserve the right, at our sole discretion, to change, alter, suspend or indefinitely close the Website and/or your access to the Services. From time to time, we may also restrict access to some or all parts of the Services and/or the Website.
15.1 These terms shall exist for an indefinite period of time. However, you may terminate your agreement with us at any time by deactivating your account.
15.2 We are entitled to terminate our provision of the Services to you or your licence to use the Website and/or Service, with immediate effect, by disabling your account, at our sole discretion.
16.1 We reserve the right, in our sole discretion, to vary these terms at any time. We will notify you of any changes by emails and/or through the Website and the date of the most recent revisions will appear at the top of this page.
If any part of these Terms are disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply to the maximum extent permitted by law.
No failure or delay by us to exercise any right or remedy provided in these Terms or by law shall constitute a waiver of that or any right or remedy, nor shall it preclude or restrict the further exercise of that or any right or remedy. No single or partial exercise of such remedy shall preclude or restrict the further exercise of that or any other right or remedy.
20. GOVERNING LAW AND DISPUTES
21. NO AGENCY
Nothing in these Terms shall be construed as creating, in any form, an agency relationship between Digital Boost and Users under the laws of England and Wales.
Issue Date of Privacy Notice: 12 July 2022