NCFE terms and conditions for use of digital applications

1. Agreement to Terms and Conditions

1.1 Acceptance of Terms and Conditions

1.1.1 Our applications are owned by NCFE. References to ‘we’, ‘us’ or ‘our’ are references to NCFE. We’re a company registered in England and Wales (company number 02896700), our VAT number is GB297530960. NCFE is a registered charity (charity number 1034808). Our registered office and address for correspondence is:

NCFE
Q6 Quorum Park
Benton Lane
Newcastle upon Tyne
NE12 8BT

1.1.2 Your use of our applications is at all times subject to these Terms and Conditions. References to ‘You’ and ‘Your’ are references to the application user/downloader of the application. By downloading our applications you agree to the Terms and Conditions set out below. If you don’t agree to these Terms and Conditions you must stop using the applications immediately and remove them from any devices.

1.2 Changes to Terms and Conditions

1.2.1 We reserve the right, from time to time - with or without notice to you - to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of our applications will be the version which is current and displayed on the NCFE website at each date you access the website. Your use of the application after changes are made means that you agree to be bound by such changes. These terms were last updated on 25 August 2016.

2. Application use

2.1 You can use NCFE’s applications provided you comply with our Terms and Conditions.

2.2 All content of the applications is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission.

2.3 You do not have the right to use the NCFE logo or font anywhere except in the applications themselves.

2.4 It’s your responsibility to ensure your device system meets all the necessary technical specifications to enable you to download and use the applications.

2.5 On occasion we may restrict access to certain features, parts or content of the applications.

2.6 The information contained in our applications is for information purposes only. We endeavour to keep the information contained in the applications (other than user material as defined in clause 3.2 below) up-to-date and correct, although there may be times when this isn’t the case. If you notice any issue with the information on the website, please contact us at [email protected].

2.7 These applications are not an assessment tool and are not designed to be submitted as evidence of learning.

3. Intellectual property rights

3.1 Application

3.1.1 All intellectual property rights in or relating to the applications (including our text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the applications.

3.2 External links

3.2.1 Applications may also include links to other websites which we don’t control. These links are provided for your convenience to provide additional information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.

4. Availability of applications

4.1 We reserve the right to remove applications at any time.

4.2 It is your responsibility to install any updates to the applications.

4.3 You may not be able to access or use applications without installing a future update.

5. Privacy

5.1 We may collect personal information about you through your use of our applications. All information that we collect about you is subject to our Privacy Policy.

5.2 We are not responsible for the collection of personal information by the Play Store/App Store or any other download platform.

5.3 We reserve the right to use information collected about you by the Play Store/App Store or any other download platform.

6. Limitations on liability

6.1 Nothing in this clause 7 or otherwise in these Terms and Conditions shall exclude or limit our liability for:

6.1.1 fraud or fraudulent misrepresentation;

6.1.2 death or personal injury caused by our negligence;

6.1.3 any other liability to the extent the same may not be excluded or limited as a matter of law.

6.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.

6.3 We do not take any responsibility for loss, damage, expense or costs which may arise through the use of our applications.

7. Applicable law

7.1 Your use of our applications is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of our applications and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.

8. Assignment by us

8.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.

9. Applications are non-transferable

9.1 Applications cannot be resold or traded.

10. No waiver

10.1 If we delay exercising, or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

11. Force majeure

11.1 We won’t be liable to you for any lack of performance, or the unavailability or failure, of our applications or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.

12. Third party rights

12.1 Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

13. Contacting us

13.1 Please submit any questions you have about these Terms and Conditions by email to [email protected], or write to us at:

NCFE
Q6 Quorum Park
Benton Lane
Newcastle Upon Tyne
NE12 8BT