Who makes U-Explore Services available to me and what should I do if I have questions, comments, complaints or enquiries?
U-Explore Services are made available to you by U-Explore Limited, Round Foundry Media Centre, Foundry Street, Leeds, LS11 5QP (“U-EXPLORE“).
Any reference in the Terms to “you” or “your” means you as both a non-business user and, where applicable, a business user of U-Explore Services.
If you have any questions about the Terms please contact us at firstname.lastname@example.org.
Should I read any other information or terms?
What are U-Explore Services and what are the different types of available Content?
In these Terms the following definitions apply and explain the different types of content on the site:
U-Explore Service(s) means the use of the websites www.u-explore.com, www.startprofile.com and pathways.u-explore.com and any related internet services, products and/or software applications that enable you to access and view U-Explore Site Content, submit and view Personal User Content and submit and view Establishment User Content, in all circumstances including but not limited to free access, a free trial of upgraded paid services or via fully paid upgrade access to enhanced services or as a full paid upgrade;
U-Explore Site Content means audio, video, text, images, profiling services, job boards, and other content made available to you by U-Explore through U-Explore Services and may sometimes include content which is owned or controlled by third parties which U-Explore is permitted to make available to you through the relevant U-Explore Service;
Personal User means a student of an Establishment (and his/her parent/guardian) or any other individual who uses the U-Explore Services for their own personal use;
Personal User Content means content created by a User on their own individual profile, including (but not limited to) their personal profile, Liked Jobs, Liked Qualifications and Liked Destinations, together with any Personal Self Generated Content;
Personal Self Generated Content means any content that is self generated by a User and made accessible to other Users in accordance with these Terms;
Establishment means any school, college or other organisation that has registered to use the U-Explore Services;
Establishment User means a teacher or other careers professional working for or providing careers related services to that Establishment who complies with the Establishment’s rules on data protection and student information access, as determined and governed by the Establishment.
Establishment User Content means the combination of Personal User Content and Establishment Aggregated Content, together with any other data submitted by the Establishment User as part of using the U-Explore Services; and
Establishment Aggregated Content means the Personal User Content relating to all Users that form part of an Establishment, both in individual format or aggregated with the Personal User Content of all Personal Users from the same Establishment.
Availability of U-Explore Site Content
U-Explore Site Content is selected, edited, updated and made available to you by U-Explore through U-Explore Services at its sole discretion.
U-Explore Editorial Control of U-Explore Site Content
You acknowledge that U-Explore has absolute editorial control over all U-Explore Site Content at all times.
Personal User Content
Each Personal User will submit and be responsible for his/her own Personal User Content which is uploaded and added to the site.
Each Establishment User will have access to the Establishment Aggregated Content, which includes the Personal User Content for each Personal User at that Establishment.
Personal Self Generated Content must comply with these Terms and U-Explore reserves the right to remove it if it does not so comply, as set out in more detail below.
Establishment User Content
Each Establishment User has the right to use the U-Explore Services and access the Establishment User Content for use solely in accordance with these Terms.
U-Explore will take reasonable steps to confirm that the initial Establishment User is a bona fide representative/teacher at the Establishment before allowing the Establishment to be registered.
Each Establishment User must not provide any other person with access to the U-Explore Services unless and until such Establishment User has established that such proposed individual complies with the relevant Establishment’s data protection and student data access requirements and protocols.
It is the responsibility of each Establishment to ensure that each Establishment User is suitably qualified and appropriate and meets all internal requirement of the Establishment in respect of access to Establishment User Content.
How can I use U-Explore Services?
How you may use U-Explore Services
- as a Personal User, to submit and amend Personal User Content for personal use only;
- as a Personal User, submit Personal Self Generated Content for use and viewing by others as part of the U-Explore Services. Once submitted, the Personal Self Generated Content is owned by U-Explore;
- as an Establishment User (whether as a free access use or via a paid upgrade), for the sole use of the Establishment and solely for the benefit of the Establishment as a whole and more particularly for each of the Personal Users related to that Establishment who are using the U-Explore Services.
How you may NOT use U-Explore Services
General restrictions on how you may use U-Explore Services to access and view U-Explore Content:
(b) You may not infringe any applicable law (for instance copyright law) when using U-Explore Services to access or view U-Explore Content;
(c) You may not use the U-Explore Services in such a way that would bring U-Explore into disrepute, or cause U-Explore to incur liability to any third party;
(e) You may not directly or indirectly charge others for accessing or viewing any U-Explore Content, or commercialise or attempt to re-sell U-Explore Content in any way, which includes advertising or selling any goods and services which offer U-Explore Content including any third party software applications;
(f) You may not directly or indirectly suggest any endorsement or approval by U-Explore of a product or service (for instance, a personal website) or any U-Explore entity, product or content or any belief or opinion expressed within a product or service;
(g) You may not disrupt or try to disrupt U-Explore Services. You agree not to use U-Explore Services to distribute software viruses or other harmful programs, or use U-Explore Services to engage in harmful, harassing or otherwise objectionable activity, including activity inhibiting access to U-Explore Services by others;
(h) You may not harass or cause distress or inconvenience to any other person using U-Explore Services or transmit obscene or offensive content or disrupt the normal flow of dialogue within U-Explore Services, in particular, on U-Explore message boards and blogs;
(i) You may not display U-Explore Content on any website, blog or other product or service without our prior written consent;
(j) You may not use the U-Explore Services in any way which is fraudulent or unlawful, or which may have any fraudulent or unlawful effect;
(k) You may not us the U-Explore Services for the purpose of harming or attempting to harm a minor; and
(l) You may not use the U-Explore Services to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as follows.
These content standards apply to all Personal User Content and Establishment Aggregated Content, including but not limited to all Personal Self Generated Content.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- be accurate (where they state facts);
- be genuinely held (where they state opinions);
- comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Who owns or has rights in U-Explore Services and U-Explore Content?
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on U-Explore Services and U-Explore Site Content, belong to U-Explore and/or third parties (which may include you or other users). U-Explore reserves all of its rights in U-Explore Site Content and U-Explore Services. Nothing in the Terms grants you a right or licence to use any trade mark, design right or copyright owned or controlled by U-Explore or any other third party except as expressly provided in the Terms.
How can I make contributions to U-Explore?
If you submit any Personal Self Generated Content to U-Explore you must allow U-Explore (and you grant U-Explore an irrevocable, perpetual, royalty-free licence) to use the material in your Personal Self Generated Content in any way it may reasonably choose. Any Personal Self Generated Content you make may be moderated by U-Explore, which means it may be reviewed, edited and/or removed. U-Explore reserves the right to remove any of your Personal Self Generated Content if U-Explore believes that it does not comply with the Terms.
You grant U-Explore the right to change or edit the materials in your Personal Self Generated Content for operational and editorial reasons. U-Explore may also share your Personal Self Generated Content with trusted third parties, for instance with other users of U-Explore Services.
Any copyright in your Personal Self Generated Content will remain with you and this permission is not exclusive, so you can continue to use the material you contribute in any way including allowing others to use it.
You confirm that your Personal Self Generated Content is your own original work, is not defamatory or unlawful and does not infringe anyone else’s rights (including privacy rights) and that it complies with the Terms. You also confirm that your Personal Self Generated Content is made in your personal (rather than business) capacity and that such Personal Self Generated Content n does not unfairly promote or further any business activities and has not been contributed for commercial gain. You also confirm that you have the consent of anyone who is identifiable in your Personal Self Generated Content or the consent of their parent/guardian if they are under 16.
We may show your name with your Personal Self Generated Content, unless you request otherwise.
If you do not want to grant U-Explore permission to use your contributions in accordance with the Terms, please do not share with or submit them to U-Explore.
What are the features of U-Explore Services and how do they work?
U-Explore Services and your device
You can use U-Explore Services on a variety of compatible devices. The Terms apply to your use of U-Explore Services on any device. U-Explore Services or some of the features and functionalities may not be available on all devices. U-Explore makes no guarantee that all or any features of U-Explore Services will work on any particular device.
Interacting with U-Explore Services and other U-Explore Services users
What obligations do I have under the Terms?
Compliance with the Terms
You must comply with the Terms, in particular the restrictions in paragraph 3.
Expenses, equipment and software
You are solely responsible for paying all expenses you may incur when you access or use U-Explore Services including your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and software you need to connect to and use U-Explore Services. Accessing and using some U-Explore Services features to access, download or view to U-Explore Site Content (especially video) may lead to substantial bandwidth usage by you which can be expensive so you should be careful you do not exceed any ‘bandwidth cap’ on your account with your internet or data service provider. U-Explore is not responsible if your equipment or software is not compatible with any U-Explore Service. U-Explore may be streamed or downloaded to your device from servers owned and operated by U-Explore or (on behalf of U-Explore) by third-party content distribution networks to enhance your experience when you watch U-Explore Site Content.
Managing your account details and activity
You are solely responsible for keeping your U-Explore account username and password (if you have them) confidential and you are responsible for all activity that occurs under your U-Explore account.
How does U-Explore use my personal information?
What are U-Explore’s legal obligations to me and how do the terms limit U-Explore’s liability?
The basis on which U-Explore makes U-Explore Services available to you
U-Explore does not guarantee that all U-Explore Site Content and/or U-Explore Services will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.
U-Explore reserves its right to modify, suspend or discontinue all or part of any U-Explore Service or any part of the U-Explore Site Content, Personal User Content or Establishment user Content without giving you any notice.
Any information, content, opinions or other materials included in U-Explore Site Content, Personal User Content or Establishment user Content does not constitute professional advice on which you should rely. You should take specific advice before taking a course of action.
Types of loss or damage U-Explore is not responsible for
U-Explore is not responsible for the following kinds of loss or damage which may arise from your use of U-Explore Services:
- loss or damage suffered by you or someone else when U-Explore complies with the Terms;
- loss or damage which is caused by U-Explore when it does not comply with the Terms but which U-Explore and you could not anticipate nor expect to happen when you started using U-Explore Services;
- any loss which is indirect or a side effect of the main loss or damage and which U-Explore and you could not anticipate nor expect to happen when you started using U-Explore Services, for instance if you lose revenue or salary, profit, opportunity or reputation;
- any loss or damage if U-Explore Services are not provided to you or are interrupted or suspended or if U-Explore does not comply with the Terms because of events beyond U-Explore’s control, including but not limited to an act of God, third party supplier failure, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion, decision or event beyond the reasonable control of U-Explore.
Nothing in the Terms excludes or limits either U-Explore’s or your liability for death or personal injury caused by negligence or for fraud.
Your legal rights as a consumer
As a consumer, you may have certain legal rights regarding claims in respect of losses caused by U-Explore’s negligence or the failure by U-Explore to carry out its obligations. Nothing in the Terms is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.
How can U-Explore stop making U-Explore Services available to me and what happens if it does so?
U-Explore’s rights to stop making U-Explore Services available to you
U-Explore reserves the right to take appropriate action (as set out below) with immediate effect and without notice if:
- at its sole opinion you are using U-Explore Site Content, Personal User Content or Establishment User Content or U-Explore Services and/or any other U-Explore service, inappropriately (for instance harassing or causing distress or inconvenience to any other person), incompetently or in any way that may constitute derogatory treatment of U-Explore or might bring U-Explore into disrepute or in a way that might be considered to be prejudicial to the image of U-Explore;
- you breach the Terms or, where appropriate, any End User License Agreement that U-Explore has with you for paid services, in any way; or
- there is, in U-Explore’s sole opinion, any reason why the U-Explore Services must be withdrawn.
What happens if I breach the Terms?
When a breach of this policy has occurred, we may take such action taking all or any of the following actions, at our sole discretion:
- Immediate, temporary or permanent withdrawal of your right to use the U-Explore Services.
- Immediate, temporary or permanent removal of any Personal User Content or Establishment User Content posting or material uploaded by you as part of your use of the U-Explore Services.
- Issue of a warning to you.
- 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.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
What happens if U-Explore does not enforce a right against me?
If U-Explore decides not to exercise or enforce any right that it has against you at a particular time, then this does not prevent U-Explore from later deciding to exercise or enforce that right.
What happens if any part of the Terms is found to be ineffective?
If any part of the Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.
The Terms do not create or infer any rights that are enforceable by any person who is not party to the Terms.
Transfer of rights
You may not assign, sub-license or otherwise transfer any of your rights and obligations in the Terms to any other person.
Conflict of Terms
In the event of any conflict between the Terms and any End User Licence Agreement (EULA) between you and U-Explore, the terms of the EULA shall take precedence.
What happens if there is a dispute arising out of the Terms?
Any disputes arising out of the Terms will be governed by and interpreted in accordance with the laws of England and Wales (or the laws of Scotland or Northern Ireland if you live there). If you choose to bring proceedings in connection with the Terms you must do so in the courts of England and Wales unless you live in Scotland or Northern Ireland, in which case you can choose to bring proceedings there.