Hwb

Llywodraeth Cymru
Welsh Government

Hwb

Digital Learning for Wales

Cymraeg

Hwb Web Site Terms and Conditions


Important

Thank you for accessing http://hwb.gov.wales (the “Web Site”). Please read these terms and conditions (the “Terms”) before using the Web Site which is operated by the Welsh Government. These Terms apply to the use of the following Web Sites and any associated subdomain:

Should you wish to contact us with regard to these Terms, you may do so by:

  • e-mailing us at hwb@gov.wales; or
  • writing to us at Digital Learning Unit, Digital Learning Division, Cathays Park, Cardiff. CF10 3NQ.

By using the Web Site, you signify your acceptance of these Terms in consideration of which Welsh Government provide you with access. From time to time Welsh Government may modify these Terms. Accordingly, please continue to review the Terms whenever accessing or using the Web Site. If at any time you do not wish to accept the Terms, you should not use the Web Site.

No Reliance

While Welsh Government has endeavoured to ensure the material accuracy of the information available on the Web Site, Welsh Government does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Web Site. The Web Site is intended as a teaching aid and a means for educational institutions in Wales (“educational institutes”) to harness web based technology for interactive educational purposes only. Welsh Government disclaims all liability and responsibility arising from any reliance placed on such information or materials by any visitor to the Web Site.

Authorised Users

Parts of this Web Site are restricted to authorised users. Unless you are an authorised user you have no right to access those parts of the Web Site. Any access gained by you may constitute a criminal offence pursuant to the Computer Misuse Act. Should you access restricted parts of the site by accident, please e-mail us at hwb@gov.wales.

Authorised users may include educational institutes, local authorities and regional education consortia, their employees and agents (together, “Stakeholder Users”).

Event Booking Service

This Web Site includes a function allowing individuals to register to attend events created and managed by Welsh Government and other third parties. You do not need to be an authorised user to register for an event, but you will need to provide us with information about yourself in order to register. For more information about how we handle your personal information, please see our privacy notice.

Event bookings are subject to separate terms and conditions.

Stakeholder Areas

Certain Stakeholder Users will have their own areas within the Web Site (“Stakeholder Areas”) which are operated by them without reference to Welsh Government. As a Stakeholder User, you must ensure, as a condition for having your own area within the Web Site, that you put in place appropriate terms and conditions relating to access and use of the Stakeholder Areas. These should be broadly comparable to these Terms and the privacy policy annexed (though in the case of the latter, the privacy policy must detail the nature and purposes of processing by you).

If you are a Stakeholder User or a user of a Stakeholder Area, your access and use of the Web Site must be in accordance with these Terms and any additional terms and conditions that apply to the Stakeholder Areas.

Links to the Web Site

Web sites or pages to which the Web Site is linked (including Stakeholder Areas) are for information only and have not been reviewed by Welsh Government. Welsh Government has no responsibility for the content of the web sites or pages linked or linking to the Web Site (including the Stakeholder Areas), and Welsh Government accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of your clicking through to linked web sites or to Stakeholder Areas.

Intellectual Property

The Web Site, 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 Welsh Government and content owned or controlled by third parties and licensed to Welsh Government. Content may also include content submitted from time to time by Stakeholder Users.

All individual articles, reports, and other elements making up the Web Site are copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Web Site and the licence set out below.

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

Licence Rights

Access to the Web Site is provided on a temporary basis and you acknowledge that you acquire no rights or licences in or to the Web Site and/or the Content other than the limited right to use the Web Site in accordance with these Terms and to download on the terms set out in this section.

You must not use any part of the Web Site or the Content for commercial purposes unless you have obtained our express permission to do so.

If you are provided with a user identification code, password or other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password if in our opinion you have failed to comply with any of the Terms.

Other than as set out in this section (or provided by applicable law) you may not copy, decompile, disassemble, reverse engineer, distribute, make available, adapt, upload, or in any other way exploit any part of the Web Site.

Download is permitted by Welsh Government provided that:

  • you only download and/or print copies of the Web Site or the Content for educational purposes and provided always that such downloads or printed copies are only used at educational institutes located within Wales; and
  • you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.

Additionally, you may not offer for sale or sell, make available or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof.

Without prejudice to the generality of the foregoing, you may link to our Web Site, provided always that any link to the Web Site or Content which is restricted to the general public and is only accessible by authorised users, does not make that part of the Web Site or Content accessible to any person who is not an authorised user. By linking to any restricted parts of the Web Site or Content you warrant that only authorised users will be able to access that part of the Web Site or the Content accessible by the link and the site from which you are linking complies in all respects with the content standards set out in these Terms. We reserve the right to withdraw linking permission at any time and without notice.

We recommend that you monitor deep links in case we remove the pages or Content at a later date.

Notwithstanding the above, you must not, at any time, frame any part of the Web Site or Content on any other site without the prior written consent of Welsh Government.

The Web Site and the information contained therein may not be used to construct a database of any kind, nor may the Web Site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database web sites containing all or part of the Web Site.

Permissions

If you would like information about obtaining Welsh Government's permission to use any of the Content or to insert deep links on your web site to the web pages or Content available on the Web Site other than as permitted by these Terms, please e-mail hwb@gov.wales.

No Warranty

The Web Site and the Content are provided “as is” excluding any warranties and conditions of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) fitness for a particular purpose and non-infringement of proprietary or third party rights. Welsh Government further accepts no responsibility or liability for functions contained on the Web Site and makes no warranties that the Web Site will operate uninterrupted or error-free or that defects will be corrected.

Welsh Government does not warrant that the Web Site is compatible with your computer equipment or that the Web Site or its server is free of errors. You should ensure that you have installed up to date virus checking software prior to any internet session and Welsh Government is not liable for any damage you may suffer as a result of such destructive features that may infect your computer or data due to your use of the Web Site or your downloading any material posted on it.

Welsh Government shall not be held responsible for Content provided by third parties. Welsh Government is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Web Site.

Limitation of Liability

You acknowledge that your use of the Web Site, including the Content, is at your own risk. If you are dissatisfied with the Web Site, the Terms or any or the Content your sole remedy is to discontinue use of the Web Site. Save in respect of fraud and of personal injury or death to the extent it results from Welsh Government‘s negligence, in no event will Welsh Government be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based in contract, tort (including negligence) or otherwise, even if Welsh Government has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you. If your use of material in the Web Site results in the need for servicing, repair or connection of equipment, software or data, you assume all costs thereof.

Under no circumstances will Welsh Government, the schools or any Local Authorities in Wales be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Web Site.

Local Laws and Regulations

The Web Site is not directed at any person outside the United Kingdom. If you are located outside the United Kingdom you should not access the Web Site.

Welsh Government does not represent that either the Web Site or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Web Site do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.

Viruses Hacking and Other Offences

You must not misuse the Web Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Web Site or the server on which it is stored and you must not attack our Web Site by way of a denial of service attack or distributed denial of service attack.

We will not be liable for any loss or damage caused by a distributed denial of service attack arising following your use of the Web Site.

Termination

Welsh Government may terminate these Terms with or without cause at any time.

Changes to the Website

At any time, the Web Site may contain material which is out of date. While Welsh Government has no obligation to do so, you accept that Welsh Government has the right to change the content or technical specifications of any aspect of the Web Site at any time at Welsh Government’s sole discretion. You further accept that such changes may result in your being unable to access the Web Site.

Waiver

No waiver by Welsh Government of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by Welsh Government of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

Privacy Policy

Please see our attached privacy policy Privacy Policy.

Uploading & Forums

The Web Site (and Stakeholder Areas) contains forums and user generated materials which may be uploaded and communicated to other users or authorised users.

If you upload material to the Web Site you hereby irrevocably agree to:

  • grant Welsh Government and the Stakeholders a perpetual licence to copy, distribute, make available and adapt all intellectual property rights in such materials as required in order to make the Web Site available to users; and
  • waive all moral rights in respect of such materials

All material uploaded or otherwise communicated or made available by way of the Web Site, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such material and that person must take responsibility to ensure that it does not contain any malicious, harmful or unlawful material or contain any data or branding copied from another person or company without their authority.

Welsh Government and any person nominated by Welsh Government or nominated by a Stakeholder, may or may not monitor or control material uploaded or otherwise communicated or made available by way of the Web Site (a “Nominated Person”).

In the case of a monitored forum, you acknowledge that any material posted by you may not be immediately available on the Web Site (or a Stakeholder Area) and that it may be amended or, at the discretion of the Nominated Person, rejected or returned to you.

In the case of both monitored and unmonitored posts or material uploaded or otherwise communicated or made available by way of the Web Site, neither Welsh Government, a Stakeholder nor any Nominated Person takes responsibility for such material appearing on or via the Web Site (or a Stakeholder Area). Any use or reliance on any materials posted via the Web Site (or a Stakeholder Area) or obtained by you through the Web Site (or a Stakeholder Area) is at your own risk.

We and the Stakeholders do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any material or communications posted via the Web Site (or a Stakeholder Area) or endorse any opinions expressed via the Web Site (or a Stakeholder Area).

Whilst the Welsh Government and the Stakeholders will endeavour to ensure that use of the Web Site is safe and secure there is a small risk that other users may post material or communications that may be offensive, harmful, inaccurate or otherwise inappropriate. If you become aware of any such use, please contact hwb@gov.wales or in respect of material or communications on a Stakeholder Area, the nominated point of contact applicable to that Stakeholder Area.

Any person using the Web Site or a Stakeholder Area for the purposes of bullying or posting malicious, harmful or unlawful material will be prevented from using the Web Site and Stakeholder Area. They may also be subject to further civil or criminal penalties. If appropriate, the police will be informed.

Accessibility Statement

Welsh Government endeavours to make the Web Site accessible to as many people as possible and as such has aimed to comply with Priority 1 and 2 of the Web Content Accessibility Guidelines (WCAG) published by the World Wide Web Consortium (W3C). The Web Site has also been designed to comply with many of the Priority 3 issues. The WCAG helps Web developers make sites accessible for people with disabilities.

If you have any comments about the accessibility of this site or if you would like to make a suggestion to help us make this site more accessible, please e-mail hwb@gov.wales.

Miscellaneous

Welsh Government shall have no liability for any breach of these Terms caused by circumstances beyond its reasonable control.

A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

Severability

To the extent that any provision in these Terms is held to be void or unlawful, these Terms will apply as if such term had no effect and the remaining provisions of these Terms shall continue to apply.

Governing Law and Jurisdiction

The Terms are governed by the laws of England and Wales as applied in Wales and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales sitting in Cardiff, to settle any dispute or claim that arises out of or in connection with the Terms or its subject matter (included any non-contractual disputes or claims).

Last Updated:24/05/2018