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Terms and Conditions

Last updated 23 May 2018

Definition of Terms used within Terms and Conditions

  • “Train Visual Digital Information Network” - abbreviated to “TVDIN”. The TVDIN consists of websites, web apps and their content owned by Train Visual Limited: teachinghow2s.com, traininghow2s.com, trainvisual.com.
  • “Train Visual Ltd” - abbreviated to “TVL”. Name of the parent company that owns the TVDIN.
  • “Registration Areas”. Areas of the TVDIN, including web apps owned by TVL requiring a login.
  • “Primary Subscriber”. Name of person subscribing on behalf of a subscribing organisation. Or name of Organisation that has paid a subscription fee for full access to all materials and HOW2s contained within a registration area on the TVDIN; for an agreed number of end users for an agreed period of time.
  • “Subscribing Organisation”. Name of organisation paying for registration to one/some of the TVDIN web apps.
  • “Subscription”. Amount of money paid by a Primary Subscriber on behalf of a subscribing organisation for access to registration areas on TVDIN for an agreed period of time and agreed number of users.
  • “End-user”. Person accessing any part of the TVDIN requiring registration to set up a login. Including
    • person(s) employed by a Primary Subscriber.
    • the primary subscriber themself
      Or
    • an individual who TVL may have granted free access to a limited number of HOW2s and limited amount materials contained within the TVDIN.
  • “Train Visual Third Party Organisation” - abbreviated to “TVTPO”. A third party organisation or TVTPO that we have a business relationship with and has licensed access to some or all of TVDIN and who have been given access to the TVDIN as part of a non-disclosure, partnership, reseller, distribution or any other agreement.
  • “Material”. Means content including, without limitation, text, video, graphics and sound material, published on the TVDIN network, whether copyright of TVL or a third party.
  • “HOW2s”. Visual, step-by-step explanations of teaching techniques. And text and artwork contained therein.
  • “Educators”. Teachers, Trainers, Assessors, Instructors, Coaches or any other job title attributed to a subject or job expert. Anyone charged with teaching/communicating skills, knowledge and understanding as part of their job role.
  • “Teaching”. The act/role of educating others in the knowledge and skills, attributes and dispositions associated with a particular subject, role or job. Collectively we might say educating others in the ‘art of’... Teaching, for purpose of clarity is used to also represent the acts of ‘training’, ‘instructing’ or any other job title attributed to this act/role.
  • “EEA” means the European Economic Area.
  • “European Data Protection Legislation” means, as applicable:(a) the GDPR May 25 2018; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland).

Train Visual Limited (TVL) welcomes you to our Digital Information Network (TVDIN).

These are our terms and conditions for use of the TVDIN, which you may access in time in several ways, including, but not limited to, the World Wide Web, digital television, PDA, tablet, mobile phone and RSS feeds. These terms and conditions apply to any individual or organisation whether end users or primary subscribers who accesses the TVDIN, on whatever device. In these terms and conditions, when we say TVDIN, we mean this network, regardless of how you access it.

By using the network, you are deemed to have accepted these conditions. If you are using the TVDIN as a primary subscriber, on behalf of any entity, or as an end user employed by a primary subscriber you further represent and warrant that you are authorised to accept TVDIN’s terms on such entity's behalf, and that such entity or primary subscriber agrees to indemnify TVL for all losses damages and costs incurred as a result of violations of these Terms by you or the entity. If you are using the TVDI as an individual who TVL may have granted free access to a limited number of HOW2s and limited amount materials contained within the TVDIN, you agree to indemnify TVL for all losses damages and costs incurred as a result of violations of these Terms by you.

Access to the web-apps contained within the TVDIN require registration. Access to the web-apps contained within the TVDIN requires both primary subscribers and all end users, irrespective of whether they are employed by a primary subscriber to accept these terms and conditions. If you do not accept these terms and conditions you will not be able to access the web-apps. Also, by subscribing to any of our email services, you are deemed to have accepted these terms and conditions. If you register with TVDIN, either as a subscribing organisation and/or as an end user, you should read our Privacy Policy.

If you have registered with us and subsequently change your details, you must immediately notify us of any changes by emailing the user support team at info@trainvisual.com. Any changes we make to the terms and conditions will be reflected on this page.

Ownership of the TVDIN and its Contents.

You agree that TVL is the sole and exclusive owner of the content of the TVDIN, including it’s materials and HOW2s therein. Unless otherwise indicated, all of the materials and content featured or displayed on the TVDIN, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof, is owned by TVL, its licensors, or its third-party image partners. All elements of the TVDIN are protected by law governing copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

1. Access to TVDIN

In consideration of your use of the TVDIN, you, as a primary subscriber and/or as an end user agree to:

(a) Provide accurate, current and complete information about you as may be prompted by any registration forms on the TVDIN ("Registration Data"). When you register, you are registering either as a primary subscriber or as an end user of the TVDIN.

(b) respect the copyright and ownership of the content on the TVDIN.

(c) not use access to the site to inform the creation of or for the purpose of creation of a derivative product either in part or in full. Put plainly, by accepting the terms of this licence you have admitted that you do not have your own version of the TVDIN, its materials and HOW2s either in full or in part and you agree not to create your own version of HOW2s (anything that a court of law would reasonably define as being derived from the HOW2s techniques provided under licence to the subscribing organisation and end users with the intention of creating a derivative, alternative product), supporting materials and the TVDIN for a period of 5 years from the end of the licensing period or period of registration.

(d) not intercept, for any purpose, information accessible through the System. You may not access the System or upload, download or use information accessible through the System, other than as permitted by this Agreement.

(e) not copy , distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer the Software or any documentation accompanying the Software.

(f) not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Software, or from any information accessible through the System (including, without limitation, data packets transmitted to and from the System over the Internet), or anything incorporated therein, or analyse, decipher, “sniff” or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from the System, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so. If the Software and/or the System contains license management technology, you may not circumvent or disable that technology.

(e) not share or make public the email address and passwords used to log into web-apps within the TVDIN

(f) not share content of TVDIN with any other organisation or individuals working independently or at other organisations

(g) not use the content either in part or in entirety for any other purpose than that set out in 3 below. Specifically you cannot use the materials commercially or “pass off” the content as your own.

(h) not do anything which would assist anyone who is not a registered user to gain access to any registration area of TVDIN. You will notify TVL immediately of any unauthorised use of your account or other breach of security.

(i) not maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor do you seek to pass yourself off as another user.

(j) Direct enquiries and queries regarding subscriptions in the first instance to info@trainvisual.com. And agree that

(k) TVL may ask partner organisations to deal with your query or enquiry.

As a primary subscriber you further agree to

(l) only allow registration of end users who are employees of the subscribing organisation.

(m) your organisation paying the subscription to have access to the registration areas of the site and that you are an individual with an email address that has been accepted by TVL as one of the paid for subscribers to these areas.

2. Termination of Registration

If you as an end user and/or primary subscriber do not comply with one or more of these terms and conditions TVL reserves the right to suspend or terminate your access to the registration areas of the TVDIN. This will be done immediately and without giving you any advance notice. We will then email you at the addresses registered stating that the agreement has terminated and that your email address and password has been made invalid on TVDIN.

3. Use of Material Appearing on TVDIN

TVDIN is for the purpose of continuing professional development for educators.
What you can do with materials.

The materials were created, and are intended to be accessed and used online, for the purpose of training educators in the techniques of teaching; Potential end users includes

(a) educators new to the role of teaching

(b) experienced educators looking to up-skill or add additional teaching techniques and skills to their repertoire

(c) educators who may need support in developing their knowledge and skill in the art of teaching

(d) job or subject experts who have considerable job/subject expertise but may have had limited training in the art of teaching

(e) Individuals such as department or faculty heads, coaches, quality managers — anyone whose job responsibilities may include ensuring student progress over time and attainment and have a responsibility for ensuring that the organisations teachers are able to deliver.

It is recommended that the materials be used as part of professional learning activities including

(f) self study

(g) lesson study / observation feedback

(h) coaching / mentoring

(i) unseen lesson observations

(j) learning walks

(h) peer tutoring

And that the materials form part of a leadership strategy and planning to support teachers in ongoing professional development.

What You Cannot Do With Materials

Put plainly, and unless written permission to the contrary has been granted by TVL, the images and text contained on the TVDIN is to remain online and to only be used for the purpose of professional development of end users, including, where subscribed full access to the TVDIN person(s) working at the subscribing organisation.

Except where indicated by a ‘download’ button, you are not permitted to download and print the material or parts therefrom and make copies of these. Neither are you allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on TVDIN. You must not reproduce any part of TVDIN or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless TVL have provided written agreement. Nor may the images be copied, downloaded or printed or made available in any form to any organisation or individuals working independently or at other organisations.

Any queries regarding subscriptions should be directed in the first instance to info@trainvisual.com.

Terms and Conditions for Train Visual Third Party Organisations

The TVTPO agrees:

  1. to the terms and conditions of use contained in this document above. In particular the TVTPO agrees points 2.1 and 3 below
  2. not to imitate, replicate or produce their own version of HOW2s during the period of recorded access and a period of 5 years after the end of any subscription access or agreement set out above.
    • 2.1. If the TVTPO already has existing products in place or plans to create visual step-by-step explanations of teaching teaching techniques, beyond that which might reasonably be described as illustrating an existing product content (as opposed to being a product itself) digital and date proven evidence of the product and or these plans predating the agreement should be disclosed to TVL at point of agreement. Otherwise in the event of the production of what TVL or an English court of law may regard as a derivative or competing product it will be assumed that the TVTPO has used access to TV’s intellectual property for its own financial gain for the TVTP rather than mutual gain as set out in the agreement.
  3. To protect TVL’s intellectual property by:
    • 3.1. Disclosing to TVL any potential or actual commercial or non commercial relationships with additional third parties, irrespective of sector where the TVDIN would/could be part of the relationship and provide value and/or a USP and/or any other benefit to the additional third party
    • 3.2. not granting access to the registration areas of the TVDIN or show via webinar or in person TVL's intellectual property without written permission from TV.

4. Disclaimer of Liability

To the extent permitted at law, we do not accept any responsibility for any statement in the material. You must not rely on any statement we have published on TVDIN without first taking specialist professional advice. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the material or any part of it (except for death or personal injury attributable to our negligence and to the extent permitted at law).

You may be able to access other sites via links from TVDIN. These sites are not under our control and we are not responsible in any way for any of their contents. We give no warranties of any kind concerning TVDIN or the material. In particular, we do not warrant that TVDIN or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

5. Interactive Services or Areas

The TVDIN includes registration and interactive areas or services, including blogs. Using the registration areas end users will be able to create and, at their discretion, share and discuss notes. Where you as a primary subscriber or end user use these or other areas or services to create, post or store any content, messages, comments, materials or other items on the TVDIN registration areas you are solely responsible for your use of such registration areas and use them at your own risk. By using any registration areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:

  1. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.K.
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
  8. User Content that, in the sole judgement of TVL, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g. excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose TVL or its users to any harm or liability of any type.

Further, you agree not to delete or revise any content posted by any third party or end user. TVL takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is TVL liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Registration and Interactive Areas is at your own risk. As a processor of interactive services, TVL is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Registration or Interactive Area. Although TVL has no obligation to screen, edit or monitor any of the User Content posted in any Registration of Interactive Area, TVL reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the TVDIN at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the TVDIN at your sole cost and expense. Any use of the Regisitration or Interactive Areas or other portions of the TVDIN in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Registration and Interactive Areas and/or the TVDIN. You acknowledge and agree that TVL may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of TVL; or to protect the safety of our company, employees, customers or the public.

If you post User Content to the TVDIN, unless we indicate otherwise, you grant TVL 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, perform and display such User Content throughout the world in any media. You grant TVL and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You represent and warrant that

(a) the User Content is accurate and not misleading; and

(b) use and posting of the User Content you supply does not violate these TVDIN Terms and will not violate any rights of or cause injury to any person or entity. Any queries regarding copyright and your content should be directed in the first instance to info@trainvisual.com.

6. Variations

From time to time, TVL may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and TVL reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice as you login to our site. Changes will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

7. Service Level Agreement

Although TVL will endeavour to provide constant, uninterrupted access to TVDIN we cannot guarantee it. We constantly monitor our uptime and should our uptime fall below 95% in any one week during your subscription period, you as a subscribing organisation can claim a daily rebate on your license by dividing your annual licence fee by 365 and multiplying it by the number of days we were unable to provide you with access to the site. This is only applicable when there is downtime on registered areas of the TVDIN. Should your organisation have internal network or internet issues which make it impossible to access the site, then TVL will accept no responsibility for this.

8. Privacy Policy

In May 2018 TVL worked with a GDPR solicitor to bring our Privacy Policy into line with GDPR which came into force on 25th May 2018. This is the main Privacy Policy relating to the use of the TVDIN and for certain services provided TVL.

In brief, we collect different types of information about our users for three main reasons:

  1. To provide personalised services unique to the organisations we work with and individual users.
  2. To help us to monitor and improve the services we offer.
  3. To enable our partner, Essex Education Services, to contact organisations who make subscription enquiries.

As an end user and/or primary subscriber you will be prompted to read these when you first register for access to the registration areas of the TVDIN. Should we elect to change our privacy policy we will notify you of changes when you next use the TVDIN. Where the changes are significant, we may also choose to email all our registered users with the new details and/or place a notice of changes for end users to read when you next log in to access a registration area of the TVDIN. If required by law, we will obtain your consent to make these changes.

9. Our Principles

  1. We do our utmost to protect user privacy through the appropriate use of the security technology. This means that, in line with GDPR guidelines:
    • we ensure that we have appropriate physical and technological security measures to protect your information
    • we ensure that when we outsource any processes to sub processors, that the service provider has appropriate security measures in place.
  2. We will respect your privacy. You should only receive marketing emails from TVL and/or from third parties screened which you have agreed to. It will be made clear to you where you have these choices, for example, by providing tick boxes for you to decide whether you wish to receive marketing. We may, however, email you occasionally with information or queries about your registration, your subscription account or postings, for example, with reminders, warnings or copyright requests.
  3. We will only collect and use your personal data where we have legitimate interest to do so, to fulfill a contract with a primary subscriber or, where necessary have your consent.
  4. We will be transparent in our dealings with you as to what information about you we will collect and how we will use your information.
  5. We will only use personal data for the purpose(s) for which they were originally collected and we will ensure personal data are securely disposed of within two years of their original purpose becoming obsolete.
  6. Our site is accessible via the Internet. This means that, where you choose to post your data on the site, this could be accessed from anywhere around the world.
  7. Where we or our service providers transfer data outside of the European Economic Area (EEA) this is only ever done with the relevant protections required by UK law being in place.

10. Registration

The minimum information we need to register a user is an email address, a password your job title and name of the organisation you work for. Unless stated, all registration questions are compulsory. We may also ask some further, voluntary questions during registration for certain services (for example, Professional Networks) so we can gain a clearer understanding of our users. This also enables us to personalise services for our users.

11. Who we Share Data With

In the event that you make an enquiry about subscription to the site, we do share UK school data with our Partner, Essex Education Services. By making that enquiry, you give us permission to share your contact details and for Essex Education Services to contact you. We will not share your personal information with others for marketing purposes unless you have given us your permission. With your permission we will only share your information with carefully chosen third parties. TVL may make available third party services. Any information which is collected by TVL when you access a third party service is processed under our Privacy Policy. Information collected by third party operators themselves is governed by their own privacy policies. Please note that we reserve the right to access and disclose personal data to comply with applicable laws and lawful government requests, to operate our systems properly and to protect both ourselves and our users.

We also use sub processors / third party service providers to help us run this site or services available on the TVDIN. See our Privacy Policy for details. Any third parties who access your data in the course of providing services on our behalf are subject to strict contractual restrictions to ensure that your data is protected, and in compliance with EEA data protection legislation and new GDPR regulations which came into force on 25th May 2018. We independently audit these sub processors and service providers to ensure that they meet GDPR standards.

12. Use of Cookies

Please see our Cookies Policy.

13. Equitable Release

In the event of a breach or threatened breach of the terms of this agreement, TVL will be entitled to specific performance, injunctive relief or other equitable relief prohibiting any breach of this Agreement. Any such equitable relief will be in addition to and not in lieu of, other appropriate relief at law to which TVL might be entitled.

14. Cancellation Policy

Please be aware that because your access to registration areas within the TVDIN is allowed immediately upon subscription, you do not have the statutory cooling off period during which you may cancel your membership without charge.

However, we understand that sometimes people change their minds so if you wish to cancel your subscription to TVDIN then you will receive a 100% refund so long as the cancellation which must be in writing by email is received by Train Visual Ltd prior to an end user or primary subscriber within the subscribing organisation accessing a registration area of the TVDIN and no later than 7 working days following the subscription. No cancellation refunds are applicable if your cancellation is received once you have accessed a registration within the TVDIN.

Any cancellation will incur an administration charge of £95 which will be deducted from the repayment. Train Visual Ltd will issue the refund within 30 days of receiving the written, faxed or emailed notification of the cancellation of your subscription.

15. Governing Law and Jurisdiction

To the fullest extent permitted by law, these terms and conditions and any issues arising, shall be governed and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction, subject to our right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country, where necessary or advisable for enforcement purposes.

16. Legal Information and How to Contact Us

GDPR (25th May 2018) gives you rights over your personal data. Where you are the end user, the Subscribing Organisation is the data controller for all the personal user data they upload to the site. As part of your user activation process, you would have received automated notification of what personal details were loaded onto the site about you and who loaded them. If you have questions about your personal data, then in the first instance you should contact the person who loaded them, your data controller. If you have questions about that or don’t know who your data controller is, then please contact TVL (the data processor):

Train Visual Limited, TV House, PO Box 5346, Brentwood, Essex CM15 8YQ
Email: info@trainvisual.com
Telephone: 01277 202812