Terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

These terms tell you the rules for using https://hwb.gov.wales and https://hwb.llyw.cymru (the Website).

Who we are and how to contact us

The Website is operated by the Welsh Government ("We" or "Us").

To contact us, please email hwb@gov.wales or write to us at:

Digital Learning Unit, Digital Learning Division, Welsh Government, Cathays Park, Cardiff CF10 3NQ

By using our Website you accept these terms

By using our Website, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Website.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our Website:

Our Privacy Notice – found here.
- This sets out how we handle your personal information and provides details about your rights in respect of the data we collect about you.

Our Acceptable Use Policy – found here.
- This sets out rules about the way you are allowed to use the Website. When using our Website, you must comply with this Acceptable Use Policy.

Our Cookie Policy – found here.
- This is available in our Privacy Notice and sets out information about the cookies we use on our Website.

Microsoft 365 Licence: Campus and School Agreement – found here.
- Your use of the Microsoft 365 Products is governed by the Product Terms and Use Rights (as defined in the Campus and School Agreement) and which may be found here: http://www.microsoft.com/licensing/contracts. These terms and conditions contain provisions including limitations on liability, disclaimer of warranties and exclusion of remedies. It also confirms that you must only use Microsoft 365 during the licensed period and delete it once this period has expired or when the Campus and Schools Agreement is terminated, whichever comes first.

YouTube Terms of Service – found here (the API Client uses YouTube API Services).
In order to access selected off-air recordings of Educational Recording Agency (ERA) Repertoire through our Website you agree:
- You represent a relevant educational establishment that holds a current ERA Licence.
- You accept that we are acting as a nominated third party for the purposes of Clause 2.2 of your education establishment’s ERA Licence and you agree to abide by the terms of the ERA Licence (Schedule to the ERA Licence).

Purpose of the Website

The Website is intended as a teaching aid and a means for educational institutions in Wales to harness web based technology for interactive educational purposes only.

Our Website is directed at people living in Wales. If you access the Website from outside Wales, the content may not be appropriate for you.

The Website also includes a feature which allows individuals to register to attend events created and managed by us and others. If you use this event booking service, you will need to provide us with information about yourself to register for the events. Information about the way we handle this personal information can be found on the relevant event booking website. This service also has its own separate terms and conditions which can be found on the relevant event booking website.

We may make changes to the Website and these terms

We regularly update our Website to improve the content and to reflect changes to our services. We may also update these terms from time to time, so please check back regularly.

We may suspend or withdraw our Website

Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but cannot always do so.

Authorised use of our Website and keeping your account details safe

Some parts of our Website are restricted to individuals who have been given specific log-in details, such as learners and teachers (Authorised Users).

Authorised Users may also include educational institutes, local authorities and regional educational consortia, their employees and agents (collectively, Stakeholder Users).

Certain Stakeholder Users have their own areas within the Website (Stakeholder Areas) which are operated solely by them.

Unless you are an Authorised User, you must not access or attempt to gain access to any restricted part of the Website. If you do, you may be committing a criminal offence. If you access restricted parts of the Website by accident, please contact us at hwb@gov.wales.

If you have been provided with specific log-in details, such as a username and password (or any other piece of information as part of our security procedures), you must keep this information safe. You must not disclose it to any third party. If we believe that you have not complied with these terms, we may disable your username and password at any time.

If you know or suspect that anyone other than you knows your user identification code or password, please contact us immediately at hwb@gov.wales

Website content is for educational purposes only

The content on our Website is provided for educational purposes only.

Although we make reasonable efforts to update the information on our Website, we cannot guarantee that all the content is accurate, complete or up to date.

User-generated content is not approved by us

The Website may include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not necessarily represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on hwb@gov.wales

We are not responsible for websites we link to

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. These external websites have not been reviewed by us, we do not necessarily approve the content of the linked website, we do not have control over their content and we are not responsible for their content.

How we may use your personal information

We will only use your personal information as set out in our Privacy Notice.

Intellectual Property Rights

The Website, including (but not limited to) text, content, posts, blogs, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trade marks and other material (Content) is protected by copyrights, database, rights in designs, trade marks and/or other intellectual property rights.

The Content includes both content owned or controlled by us and content owned or controlled by third parties and licensed to us. Content may also include content submitted from time to time by Stakeholder Users.

All individual articles, reports, and other elements making up the Website are copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website.

You may not use any of our trade marks or trade names without our consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You agree to notify us in writing promptly upon becoming aware of any unauthorised access to or use of the website by any party or of any claim that the website or any of the Content infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your IT, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not introduce viruses to our Website. More information about the prohibited uses of our Website can be found in our Acceptable Use policy.

Rules about linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. We reserve the right to withdraw linking permission without notice.

However, you must not under any circumstances:

link to our Website in a way that makes a restricted part of the Website accessible to anyone who is not an Authorised User.
establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
establish a link to our Website in any website that is not owned by you.
frame our Website on any other website, nor may you create a link to any part of our Website other than the home page.

If you wish to link to or make any use of content on our Website other than that set out above, please contact hwb@gov.wales.

Website Accessibility

We have tried to make the Website accessible to as many people as possible. We've done this by complying with the Web Content Accessibility Guidelines (WCAG). These guidelines were published to help developers make Websites more accessible for people with disabilities.

We have aimed to comply with Priorities 1 and 2 of the WCAG guidance and have also complied with many of the Priority 3 matters.

If you have any comments about the accessibility of our Website, please help us make the site even more accessible by emailing your suggestions to hwb@gov.wales

Our responsibility for loss or damage suffered by you

We do not limit our legal responsibility where we are not allowed to do so under the law.

If you suffer harm, loss or damage because of the Website or the Content, we will not be liable (responsible) in any way. No school or Local Authority in Wales will be responsible either.

If you are not happy with the Website, these terms or with any of the Content, you must stop using the Website. This is your only legal remedy.

Please note that we only provide our Website for educational purposes. You must not to use our Website for any commercial or business purposes, and, if you do, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Which country's laws apply to any disputes?

These terms of use, their subject matter and their formation, are governed by the laws of England and Wales as applied in Wales.

The courts of England and Wales sitting in Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms.