Access to i-develop is subject to the provisions below (this "Agreement"). We reserve the right to change this Agreement from time to time. Any updated version of this Agreement will be posted on this website and will be effective from the date on which it is posted.
1. Understanding this Agreement
In this Agreement:
(a) “Standards Council” means the Community Learning and Development Standards Council for Scotland.
(b) "i-develop" means the online resource available at url http://www.i-develop-cld.org.uk/ and managed by the Standards Council;
(c) "Permitted Bodies" means:
- The Standards Council - Third parties granted a “group space” or course area on i-develop by the Standards Council- such other parties as we may from time to time, designate in future versions of this Agreement
and "Permitted Body" shall be construed accordingly;
(d) "Scottish Public Authority" shall have the meaning given to it in Section 3(1) of the Freedom of Information (Scotland) Act 2002;
(e) "we", "our" and "us" means Community Learning and Development Standards Council for Scotland.
(f) "you" means the person who accesses i-develop; (g) references to statutory provisions include those statutory provisions as amended or re-enacted;
(h) references to the plural include the singular and vice versa;
(i) the word "including" shall be construed without limitation to the words following; and
(j) the headings shall not affect the interpretation of this Agreement.
We reserve the right, at our sole discretion, to revoke or suspend your access to i-develop at any time.
3. Using materials from i-developSubject to the terms of this Agreement (including sections 4 and 5 below) we grant a non-exclusive, non-transferable licence to use, copy and modify materials made available to you via i-develop on the condition that those materials (and any works created using those materials) are used only for non-commercial educational or community development purposes.Personal information made available to you via i-develop must not be used to send unsolicited e-mails for the purposes of direct marketing or market research.
4. Alternative licence terms
Our staff and staff of other permitted bodies may add materials to i-develop on additional or alternative licence conditions. Accordingly, notwithstanding section 3 above, the materials made available via i-develop must be used strictly in compliance with the licence conditions referred to in those materials (if any) and all such licence conditions must be included with all copies of those materials and any modified form of those materials.
5. Restricted areas
i-develop contains restricted areas. Each of these restricted areas is administered by one of the permitted bodies. The restricted areas contain materials uploaded by us or the permitted bodies which are intended to be accessed only by a limited group of users determined by the permitted body. You must not attempt to access those materials unless you have been granted access the relevant restricted area. Additional restrictions on your rights to use and/or disclose those materials may also apply: please see section 4 above.
6. Adding materials to i-develop
You may be given access to add materials and contribute to discussion forums in a range of personal, restricted and public areas of i-develop. However, you must not submit any material or make any contribution which:
(a) is inaccurate or is otherwise not suitable for use for educational or developmental community learning and development purposes;
(b) is threatening, abusive, malicious, defamatory, obscene, indecent, pornographic, sexually explicit, profane, inflammatory, intended or likely to incite racial or religious hatred, or is otherwise objectionable or offensive in any way in terms of standards prevailing from time to time in Scotland;
(c) constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
(d) is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
(e) infringes any intellectual property rights or data protection rights of any third party (you must, for example, not upload any documents belonging to your employer without their authorisation).
We reserve the right, at our sole discretion, not to publish or otherwise to remove any materials or contributions you submit for inclusion in i-develop.
You (and any body on whose behalf you access i-develop) must indemnify us keep us indemnified from and against any and all liabilities, losses, awards, damages, costs, demands, legal fees, professional costs and other expenses of any nature (together with any VAT payable thereon) howsoever incurred arising out of or in connection with any breach of the requirements for materials set out in this section 6.
7. Right to use your materials
By submitting material to the restricted or public areas of I-develop:
(a) subject to sections 4 and 5 above, you grant to us the non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable right to do the following (and to authorise other Scottish Public Authorities to do the following):
(i) publish that material (for use in accordance with section 7(a)(ii) below) on i-develop and on any other closed educational networks which are approved by us;
(ii) authorise staff of the permitted bodies and other users of i-develop to use, copy and modify that material for any non-commercial educational or community development purposes on a non-exclusive, royalty-free, irrevocable, perpetual basis; and
(iii) use that material to publicise any educational network on which that material is made available;
(b) you waive any moral rights to which you are now or may at any future time be entitled under the Copyright Designs and Patents Act 1988, Article 6bis of the Berne Convention for the Protection of Literary and Artistic Works, or any similar provisions of law in any jurisdiction (including the right to object to derogatory treatment of that material) in so far as they relate to the material you submit and you warrant that all such moral rights to which other parties are entitled have also been waived; and
(c) you confirm that you are authorised by the Permitted Body for which you act to upload those materials on the terms set out in this Agreement.
8. Reporting abuse
If you have any concerns regarding i-develop or material available via i-develop you should, in the first instance, refer the matter to us by emailing email@example.com. We will endeavour to deal with such complaints expeditiously and where necessary, refer the matter to the appropriate law enforcement agency, where the dispute is of a criminal or otherwise illegal nature. We may co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of section 6 above.
We do not restrict our liability (if any) for personal injury or human deaths resulting from our negligence, fraud committed by us, nor any other matter which it would be illegal to limit or to attempt to restrict. We shall not otherwise be liable to you (or to any body on whose behalf you access i-develop), whether directly or indirectly and whether as a result of negligence or otherwise, in respect of any losses or damage which you may incur as a result of your use of i-develop or material obtained from it or as a result of access to i-develop being disrupted in any way. We expressly disclaim all warranties, expressed or implied, as to the accuracy of any of the content provided via i-develop, its security, its quality or as to the fitness of the material for educational purposes or your right to use the material obtained via i-develop.
10. General legal matters
This Agreement is intended to contain the whole agreement between us and you (and the Permitted Body on whose behalf you access i-develop) regarding i-develop and is intended to supersede all prior agreements, arrangements and understandings. If we ignore any breach of this Agreement, it doesn't mean that any further breach cannot be enforced. If any part of this Agreement turns out to be invalid or unenforceable then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
We may, at our sole discretion, assign our rights and obligations (or any part thereof) under this Agreement to any Scottish Public Authority or to any other body which substantially performs any of the functions that we previously performed. We will notify you of any such transfer by updating this Agreement and posting it on this website.
This Agreement shall be governed by and interpreted in accordance with Scots law. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access i-develop. Each of the parties to this Agreement agrees to submit to the exclusive jurisdiction of the Scottish Courts, except that any party may bring proceedings for an interdict, injunction or equivalent order in any jurisdiction.
Please note the following in regard to this website.
Any personal data collected through this website will be treated as confidential in line with the principles of the Data Protection Act 1998.