The Chief Executive of Skills Funding Agency – User Terms and Conditions for the Provider Portal and Privacy Notice

Definitions

In these Terms:

• 1. 'The Skills Funding Agency' means the Chief Executive of Skills Funding Agency and any party it requires to process data on its behalf.
• 2. 'We', 'us' and 'the Agency' means the Skills Funding Agency.
• 3. 'You' means the user of the Provider Portal.
• 4. 'The Provider Portal' and 'this website' means the website located at:
http://www.coursedirectoryproviderportal.org.uk

Use of the Provider Portal

These Terms and Conditions apply to users who are registered for the purposes of uploading learning provision information on the Provider Portal. They describe the terms and conditions that apply to users of the Provider Portal and what we will do with any personal information collected from you when using by the Provider Portal.

By using this Provider Portal, you are deemed to have accepted these Terms and Conditions.

If you do not accept these Terms and Conditions, you should not access this Provider Portal.

Data Protection Act 1998 and Privacy Notice

The Chief Executive of Skills Funding is registered with the Information Commissioner responsible for the Data Protection and Freedom of Information Acts. Our notification can be viewed on the Information Commissioners website at http://www.ico.gov.uk/.

The Provider Portal enables learning providers funded by the Skills Funding Agency to upload information about learning provision on the Course Directory Provider Portal.

Personal information is primarily collected and stored for the purposes of enabling contracted learning providers to access the Provider Portal to upload information about learning provision.

In addition, personal information will be used for the following purposes in relation to the running of the Provider Portal:

• » dealing with enquiries about the Provider Portal or responding to a request to the help line
• » assisting the registered user in the operation and use of the Provider Portal
• » assisting organisations in supporting the registered user in relation to the Provider Portal
• » notification of changes in how to use the Provider Portal
• » notification of developments in the Provider Portal
• » if required to do so by law in urgent circumstances, to protect personal safety, the public or the Provider Portal.

Any personal information obtained from the Provider Portal may be used by the Skills Funding Agency or by any successors thereof for the purposes described above. The personal data will not be shared other than as described under section 4 below or where the Skills Funding Agency is legally obliged to disclose the data.

Acceptable behaviour and improper use of the Provider Portal and data held within it

The Skills Funding Agency reserves the right to delete user accounts that make use of inappropriate personal information including email addresses and usernames.

When you access the Provider Portal you agree to use the Course Directory Provider Portal in accordance with our Provider Portal rules that outline appropriate levels of behaviour when uploading Course Provision and Venues that may be stored on the Provider Portal.

If you break the Provider Portal rules we may, at our sole discretion, take action against your account or accounts, including, but not limited to suspension of your account or accounts for a pre-determined period of time or permanent suspension of your access to the Provider Portal. If your access has been suspended temporarily or permanently you must not re-register or otherwise attempt to re-access the Provider Portal without our prior consent.

You acknowledge that you are solely responsible for any content or other materials that you post to the Provider Portal and that the Agency reserves the right to remove any information which is inconsistent with our aim of promoting an inclusive environment.

In addition to the Provider Portal rules, you agree not to use the Provider Portal

• » for any unlawful purposes;
• » to transmit or communicate any material which is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful (particularly to minors), an invasion of privacy, defamatory, libellous, vulgar or otherwise objectionable;
• » to transmit or communicate any material which infringes our or any other person's copyrights, trade marks, patents, moral rights or other intellectual property rights of any nature;
• » to transmit or communicate any material that contains images, audio or video recordings, software or other material protected by intellectual property laws (or by the rights of confidentiality or privacy, where applicable) unless you own or control the rights thereto and have received all necessary consents and agreement in relation to any third parties' interest in the material;
• » for commercial purposes including without limitation the publishing or circulation of any promotion, or advertisement, or the solicitation of funds or the sale or supply of goods or services except when in response to an enquiry by another Provider Portal user or expressly permitted by the Agency;
• » to transmit or communicate any material which is likely to have a detrimental effect on our or any other person's reputation;
• » harvest content or IP addresses or transmit or communicate any material which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or server or any other computer or that contains any unsolicited or unauthorised materials, chain letters, junk mail, spam or similar;
• » to transmit any material which is likely to cause harm to the Agency or anyone else's computer systems, including but not limited to any virus, code, worm, data or other routine purposely designed to damage or cause any defect, error, malfunction or corruption to any computer system;
• » to restrict or in any way inhibit any person from using this Website;
• » to transmit or communicate any material which is irrelevant to the subject matter;
• » to transmit or communicate any material in breach of the Computer Misuse Act 1990;
• » to impersonate or falsely state or misrepresent your association with any entity or person including without limitation the Agency, the Course Directory Service careers advisers or other members;
• » to delete any author contributions, legal notices or proprietary designations or labels in any file which is uploaded or falsify the origin or source of the material which is transmitted or communicated;
• » to obtain, collect or store any personal data about any visitors or members of the Provider Portal;
• » to transmit applications which make excessive demands on bandwidth;
• » to register yourself as a member of this Website, the Provider Portal provided through this Website, or to receive any newsletter or service under more than one user name and/or user account number without the consent of the Website editor or the Provider Portal moderator.

By uploading information to Course Directory Provider Portal you warrant that your data complies with the Terms and Conditions, Provider Portal rules and/or any relevant laws and regulations in force from time to time. And agree to indemnify the Agency against all legal fees, damages and other expenses that may be incurred by the Agency as a result of your breach of this warranty.

Our rights

In the event that you breach any of the provisions above, the Agency reserves its right to remove that content or disable access to the Provider Portal and to respond to any complaints made by a third party in respect of that content. The Agency will not be liable to you if it removes any content because it believes that such content breaches the provisions of these Terms.

The Agency shall have the right without notice to record the IP address from which any user submitted content is transmitted or communicated through this Website.

The Agency may also preserve any content that you send or receive if required to do so by law or if reasonably required to ensure compliance with the Terms or to respond to third party complaints about such content.

The Agency reserves the right to delete any data, or take action against any account, at any time, for any reason.

If you post any data on the Provider Portal you grant the Agency a non-exclusive royalty free perpetual irrevocable right and licence to reproduce, modify, edit, adapt, publish, translate, distribute and display such materials in any and all media now known or in future created throughout the world and authorise others to do so.

You further agree to irrevocably and unconditionally waive all moral rights which you may have in respect of any material posted by you on the website.

Security

The Skills Funding Agency will use reasonable effort to ensure that all personal information relating to the Provider Portal is secure against unauthorised access.

You will keep any passwords or usernames created for the purpose of your use of ‘the Provider Portal’ confidential and you agree not to disclose your password and username to anyone else.

Service provision and data

The Provider Portal is intended to be available 7 days a week 24 hours a day, subject to pre-agreed maintenance slots, and the Skills Funding Agency will endeavour to make this so. However, the Skills Funding Agency will not be liable for any failure to achieve this level of availability.

The Provider Portal may be suspended without notice for maintenance or repair and for Provider Portal failure or reasons beyond our control.

The Skills Funding Agency will endeavour to exclude viruses from ‘the Provider Portal’ and the Data but cannot guarantee such exclusion. The user should take appropriate steps in respect of any such risk from virus attack.

The Skills Funding Agency is not responsible for the content of external internet sites that link to the Provider Portal or which are linked from it and cannot guarantee that these links will work all of the time and have no control over the availability of the linked pages.

The Provider Portal and the information it displays are for general information purposes only. Although the Skills Funding Agency has made reasonable efforts to ensure that the information on the Provider Portal is as full and accurate as possible it does not purport that the data is fully comprehensive or accurate.

Limitation of Liability

The Skills Funding Agency accepts no liability in contract, tort or otherwise including negligence for:

• » loss of access to the Provider Portal due to routine or emergency maintenance or due to excessive demand for the Provider Portal;
• » loss of data including both data sent and other data held by or on behalf of the user;
• » delay or failure in receipt of data;
• » indirect or consequential damages arising from the use of the Provider Portal or relying on its content.

Copyright

The Skills Funding Agency owns the copyright in the contents of the Provider Portal. Reproduction in any form or by any means of text, logos or graphics is not allowed without the express, written permission of the Skills Funding Agency unless otherwise stated.

General

This Agreement shall be governed by and construed in accordance with English law and each party to this Agreement submits to the exclusive jurisdiction of the English courts.