Terms and Conditions

Last updated: 8 March 2018

Train Visual Limited (TVL) welcomes you to TeachingHOW2s, our digital information network for the education market. These are our terms and conditions for use of the network, which you may access in time in several ways, including but not limited to the World Wide Web, digital television, PDA, mobile phone and RSS feeds. These terms and conditions apply to the primary subscriber and any individual who accesses the network, on whatever device. In these terms and conditions, when we say TeachingHOW2s, we mean this network, regardless of how you access it. The network includes the www.trainvisual.com and www.teachinghow2s.com websites and any other websites that are registered to TVL and are accessed by individuals both within and outside of the education market.

By using the network, you are deemed to have accepted these conditions. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify TVL for all losses damages and costs incurred as a result of violations of these Site Terms by you or the entity.

The main area of TeachingHOW2s requires registration. By completing the initial registration form and by entering your email address and password, you will be deemed to have accepted these terms and conditions. Also, by subscribing to any of our email services, you are deemed to have accepted these terms and conditions. If you register with TeachingHOW2s, 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 Site and its Contents

This Site is owned by TVL. Unless otherwise indicated, all of the content featured or displayed on this Site, 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 licensers, or its third-party image partners. All elements of the Site are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

1. Registration for free trial access

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"). When you register, you are registering as a personal user of TeachingHOW2s. Access to registration areas is via your email address and password.

We allow you access to the free trial registration areas of the site on the basis that:

  1. You agree to respect the copyright of TVL and therefore agree not to use access to the site to create a derivative product. Put plainly, by accepting the terms of this licence you have admitted that you do not have your own version of this product 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 with the intention of creating a derivative, alternative product) for a period of 5 years from the end of the licensing period. See also terms and conditions for third party organisations.
  2. You may access and use the HOW2s which form part of this free trial offer and this will incur no charge. If you opt to upgrade your account to full access then the terms and condition contained in 1A below will then apply.
  3. By signing up for free access you are giving us permission to pass your details to our partner organisation , Essex Education Services, who may contact you to discuss upgrading your use of the site to a paid subscription.

1A. Registration for paid access

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"). When you register, you are registering as a personal user of TeachingHOW2s. Access to registration areas is via your email address and password.

We allow you access to the registration areas of the site on the basis that:

  1. your organisation has agreed to pay 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. Organisation subscriptions are limited to staff working for that organisation and therefore the subscription cannot be shared with any other organisation or individuals working independently or at other organisations. You will need to seek TVL’s permission to use the site including any of the graphic images contained within to train other organisations. Any queries regarding subscriptions should be directed in the first instance to info@trainvisual.com.
  2. your organisation has agreed to respect the copyright of TVL and therefore agreed not to use access to the site to create a derivative product. Put plainly, by accepting the terms of this licence you have admitted that you do not have your own version of this product 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 with the intention of creating a derivative, alternative product) for a period of 5 years from the end of the licensing period. See also terms and conditions for third party organisations.
  3. your email address and password are personal to you and may not be used by anyone else to access TeachingHOW2s.
  4. you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of TeachingHOW2s. You will notify TVL immediately of any unauthorised use of your account or other breach of security.
  5. you do 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.
  6. you comply with these terms and conditions.

2. Termination of registration

If one or more individuals do not comply with one or more of these terms and conditions TVL reserves the right to suspend or terminate the total subscription of the subscriber that this individual or individuals subscription forms part of and we may cancel your and your organisation’s access to the registration areas of TeachingHOW2s immediately and without giving you any advance notice. We will do so by emailing you at the address you have registered, as well as to the primary subscriber, stating that the agreement has terminated. The agreement will terminate and your email address and password will become invalid on TeachingHOW2s immediately.

3. Use of material appearing on TeachingHOW2s

For the purposes of this agreement, "material" means material including, without limitation, text, video, graphics and sound material, published on the TeachingHOW2s network, whether copyright of TVL or a third party.

Neither subscribers nor non subscribers are permitted to download and print extracts from the material 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 TeachingHOW2s. You must not reproduce any part of TeachingHOW2s 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. Put plainly, the images are to remain online and to only be used for training of person(s) working at the subscribing organisation. Any queries regarding subscriptions should be directed in the first instance to info@trainvisual.com.

See Terms and Conditions for third party organisations.

Terms and Conditions for third party organisations

A third party organisation or "Train Visual Third Party" that we have a business relationship with will hereby be referred to as "TVTP" and defined as any third party organisation that has licensed a Train Visual product for internal use and third Party partners who have been given access to the HOW2 application as part of a non-disclosure, partnership, reseller, distribution or any other agreement including verbal agreement to grant access by the discretion of TV directors.

The TVTP agrees:

  1. to the terms and conditions of use contained in this document.
  2. not to imitate, replicate or produce their own version of HOW2s for the period of recorded access and a period of 5 years after the end of any access or agreement set out above. If the TVTP already has existing products in place or plans to create visual procedural depictions of teaching methods, 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 TV at point of agreement. Otherwise in the event of the production of what Train Visual may regard as a derivative or competing product it will be assumed that the TVTP 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 TVs intellectual property by:
    1. the TVIP must not disclose any potential or actual commercial or non commercial relationships with additional third parties, irrespective of sector where the HOW2s would/could be part of the relationship and provide value and/or a USP and/or any other benefit to the third party unless with the written agreement of TV.
    2. not granting access to TVs or show TV'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 TeachingHOW2s 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 TeachingHOW2s. 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 TeachingHOW2s or the material. In particular, we do not warrant that TeachingHOW2s 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. Forums & Other Interactive Services or Areas

The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive 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 User Content posted by any third party. 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 Interactive Areas is at your own risk. As a provider 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 Interactive Area. Although TVL has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, TVL reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site 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 Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. 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 Site, 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) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site 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

TVL reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

7. Service Level Agreement

Although TVL will endeavour to provide constant, uninterrupted access to www.teachinghow2s.com 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 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 our site. 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

This is the main privacy policy for TeachingHOW2s and for certain services provided through the website by TVL.

We collect different types of information about our users for four main reasons:

  1. To provide personalised services unique to individual users.
  2. To help us to monitor and improve the services we offer.
  3. To sell limited advertising space on the site.
  4. With user consent, to market services to individuals users.
  5. To enable our partner, Essex Education Services, to contact users who enquire to upgrade from free access to fully paid access to the site.

There may be additional privacy policies that apply to certain services on www.trainvisual.com. Please read these at the time you register or subscribe for these services on the site. Should we elect to change our privacy policy we will post the changes here. Where the changes are significant, we may also choose to email all our registered users with the new details. Where required by law, will we 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:

    • we ensure that we have appropriate physical and technological security measures to protect your information.
    • we ensure that when we outsource any processes that the service provider has appropriate security measures.
  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 individual user details where we have legitimate business reasons and are legally entitled to do so.
  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.
  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. We will ask further questions for different services, including sales promotions. 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 may use service providers to help us run this site or services available on the site, some of whom may be based outside the EEA. 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 UK data protection legislation. We may also independently audit these service providers to ensure that they meet our standards.

12. Use of Cookies

We use cookies for a number of reasons:

  1. For statistical purposes to track how many individual unique users we have and how often they visit our website. We collect data listing which of our pages are most frequently visited and by which types of users and from which countries.
  2. We may use third parties to collect anonymous user information including through the use of cookies (flash and non-flash) and web beacons.
  3. Both TVL and third party advertisers will generate cookies to collect statistical data such as whether a user has seen an advertisement and if so, how long ago, how many users have seen an advertisement and how many users have seen it more than once.
  4. Placing cookies on your computer means we can serve you adverts that you might be more interested in, and allows us to control the number of times you see them and measure how effective the ad campaign has been.You can turn cookies off but if you do this you may not be able to use as many services on our website and you might see more pop-ups and other intrusive advertising, as we won't be able to limit what you see using cookies. You will however still be able to view editorial content.

By using this site you are agreeing to the use of cookies as described.

13. Use of Browser Fingerprinting

We may use browser fingerprinting when a third party wishes to accurately track its advertising conversion without using cookies. The technique uses the characteristics of your browser to uniquely identify your computing device but not you as an individual, and hence it is not used to target advertising at an individual. Browse fingerprinting cannot be controlled by user configured browser settings in the same way as cookies. By using this site you are agreeing to the use of browser fingerprinting as described.

14. About our advertising

TVL will be delivering limited targeted advertising to visitors to our websites. As you browse our websites, which include TeachingHOW2s and www.trainvisual.com, one of the cookies we place on your computer will be an advertising cookie so we can understand what sort of pages you're interested in. Some of our partners prefer to use browser fingerprinting instead of cookies to uniquely identify your device to improve the accuracy of their advertising billing. This information we collect about your computer enables us to group you with other computers who have shown similar interests. We can then display advertising to you which is based on these interests. It's important to remember that none of the techniques we employ use or requires us to collect information like your name, email address, postal address or telephone number. Individual advertisers are solely responsible for the content of advertising material which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

15. Other Advertising

TVL may contain contextual affiliate links from which we may earn revenue. The editorial content of TeachingHOW2s is not influenced by advertisers or affiliates, nor is the information written for the purpose of promoting an advertisers product, except when clearly branded as a 'sponsored feature' or 'advertisement feature' or 'sponsor's content'.

16. 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.

17. Cancellation policy

Please be aware that because your membership can be used 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 TeachingHOW2s then you will receive a 100% refund so long as the cancellation which must be in writing, by email or fax is received by Train Visual Ltd prior to a member of your organisation accessing the subscription area of the TeachingHOW2s site and no later than 7 working days following the subscription. No cancellation refunds are applicable if your cancellation is received once you have accessed the subscription area of TeachingHOW2s.

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.

18. 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.

19. Legal information and how to contact us

For the purposes of the Data Protection Act 1998, the Data Controller for TeachingHOW2s and services provided through the website by TVL is Train Visual Limited, TV House, PO Box 5346. Brentwood, Essex CM15 8YQ. If you would like to obtain a copy of the personal data we hold on you, or have any queries regarding TVL’s use of personal data please contact the Data Protection Manager at the above address, or by email to info@trainvisual.com