Please read these terms carefully as they govern your use of 'The Pod' ("the Product"). By accessing the Product and by accepting these terms and conditions you are agreeing on behalf of your school to the terms and conditions that appear below. If you have any questions please email us at email@example.com. If you do not agree with these terms or are not authorised to agree them on behalf of your school, you must not accept this agreement (please do not tick "I accept") and may not use the Product and associated services.
References in these Terms to "you" and "your" are references to your school or you as a private individual user.
These terms are effective between you and EDF Energy as of the date you accept these terms.
1. Provision of Product
1.1 The Pod website ("the Site") and the Product are owned (or used under licence) by EDF Energy Customers plc (company number 2228297), whose registered office is at 40 Grosvenor Place, London, SW1X 7EN ("EDF Energy").
1.2 You acknowledge that you have provided EDF Energy with accurate and complete registration information and that it is your responsibility to update EDF Energy of any changes to that information (including your email address) by emailing firstname.lastname@example.org. The provision of inaccurate or incomplete information may affect your use of and the effectiveness of the Product and associated services.
1.4 If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify EDF Energy immediately by emailing email@example.com
1.5 If EDF Energy reasonably believes that your ID is being used in any way which is not permitted by these terms, EDF Energy reserves the right to cancel access rights immediately and to block access from your ID. If EDF Energy cancels your access rights and/or blocks your ID then it will inform you of the same.
2. Limited Rights to Use Content
2.1 All material within the Product ("Content") belongs to EDF Energy or its licensors including all of EDF Energy’s and its licensor’s intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. Subject to clause 2.2, you and your Users may retrieve and display the Content on a computer screen, print individual pages on paper, use the Content for lesson planning and store such pages in electronic form on disk and on your internal server (but not on any other server or other storage device connected to an external network unless EDF Energy has given you prior consent to do so) for your internal educational non-commercial purposes for the duration of your registration or until such time as we choose to amend or close the Site or end the Product (which we may do at any time at our discretion).
2.2 Most of the Content in the Product is owned by EDF Energy but certain content may be used under licence from third parties ("Third Party Content") and will be marked with the copyright notice of those third parties. Some of the Third Party Content will be subject to additional restrictions. You are responsible for ensuring that your Users comply with such restrictions. If you are unsure as to whether you are permitted to use a piece of Third Party Content for a particular purpose then please contact us by emailing firstname.lastname@example.org
2.3 Except as set out in this clause 2, you and your Users may not (without prior written permission from EDF Energy):
2.3.1 Redistribute any of the Content (including by using it as part of any library, archive or similar Product);
2.3.2 Remove the copyright or trade mark notice from any copies of Content made under this Agreement;
2.3.3 Create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content;
2.3.4 Make available or use the Product or Content for the benefit of anyone else;
2.3.5 Interfere with or disrupt the integrity or performance of the Product;
2.3.6 attempt to gain unauthorised access to the Product or any Content;
2.3.7 Access the Product to build a competitive product; and
2.3.8 Except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.
2.4 You and your Users acknowledge that the names, images and logos identifying "The Pod" and "EDF Energy" and third parties and their products and Products are the intellectual property, and are subject to the design and copy rights, of EDF Energy and/or such third parties. You may not use them without the prior written consent of EDF Energy.
2.5 You and your Users grant to us and our affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Product and Content any suggestion, enhancement request, recommendation, correction or other feedback provided by you or users relating to the operation of the Product.
3.1 The Product may include bulletin boards, discussion groups, forums and other public areas that allow feedback to EDF Energy and interaction between users. The opinions, advice and statements contained in messages posted within the Product ("Messages") are those of the Users and not EDF Energy. Where Users can post messages there will be a hyperlink to these terms, and/or any other terms which help control the content which we introduce. Intellectual property rights (including copyright) in any software that is made available for download for the participation in the Product ("Software") belongs to EDF Energy or its suppliers. Your use of the Software will be governed by the terms of any licence agreement that may accompany or be included with the Software. Certain promotions within the Product may also be subject to particular terms which will be made available by hyperlink. You will be responsible for ensuring that Users comply with all such terms referred to in this clause 3.1.
4. Submitting Material
4.1 Where you are invited to submit any contribution to the Product (including any text, photographs, graphics, video or audio) you will be asked to confirm that this content can be viewed by all site visitors. If you agree, by submitting your contribution, to grant EDF Energy a perpetual, royalty-free, non-exclusive, sub-licensable right to use, reproduce, modify and distribute your contribution worldwide in any media. If you do not want to grant EDF Energy the rights set out above, please do not up load your contribution to the Product.
4.2 Material submitted must not:
4.2.1 Contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
4.2.2 Disparage EDF Energy or any other person or party affiliated with the Product;
4.2.3 Contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libellous;
4.2.4 Contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
4.2.5 Contain material that is unlawful, in violation of or contrary to any applicable laws or regulations.
4.3 Involvement of Children in your User Generated Content ("UGC")
Children can be involved in UGC in a number of ways and you as the producer of the UGC must have due regard to their welfare at all times. Particular care should be taken to avoid causing any distress or alarm to any children involved in your UGC.
You must consider carefully the impact of the UGC on the child involved - both in the way it is made, and any possible impact it may have when made available to the public. This is regardless of obtaining parental consent.
You should consider the nature of the internet in respect of your UGC. In particular you should remember that:
(i) Your UGC may be copied onto other computers or software;
(ii) www.jointhepod.org may be linked by various electronic means to numerous other websites around the world;
(iii) There is no way of monitoring or controlling the numerous websites on which your UGC may appear;
(iv) Your UGC can be copied or transmitted electronically to anywhere in the world; and
(v) Even if you withdraw your UGC it may still be accessible via the internet through other means
4.4 Child Protection
The protection of children is of paramount importance to EDF Energy. When producing UGC, obtain parental consent for ALL children. It is your responsibility to obtain the signed consent of the parent or guardian of any children featured or taking part in your UGC. Consent must be obtained prior to the inclusion of any child and you must keep a copy of the signed consent. You must obtain consent from the child as well as the parent. It is your responsibility to obtain consent from the child and the child's refusal to take part should not be overridden in any circumstances. Throughout the process of making your UGC you should always check that a child remains willing to participate. You must ensure that consent is informed. This will involve your explaining to the child and the child's parent why the UGC is being created, and bringing points (i) to (v) of Clause 4.2 to their attention prior to their consents being granted.
When obtaining consent from children and parents or guardians it is your responsibility to ensure they have fully understood what they are giving consent to. Do not assume that the child, parent or guardian will fully appreciate the consequences of giving consent. You must make it clear to them: the nature of the UGC, its purpose, where it is likely to be used or distributed and how long for what kind of contribution theirs will be, for example, live, pre-recorded, interview, discussion, edited, quote etc., whether the UGC will be edited. You are reminded of the rights granted to us in respect of your UGC under clause 4.1 of these terms, and you should bring these to the attention of the child and its parents prior to their consents being granted.
4.5 Children at Risk
In every school there will almost certainly be children at risk. Children at risk include children and their families who are in hiding, under police protection, whose lives may be at threat, children in the care of social services, children involved in active legal proceedings, or any other children whose personal or family health, safety, privacy or welfare could be adversely affected by their inclusion in any UGC. It is your responsibility to identify who and where these children are. Any pupil who, or whose family, may be adversely affected by being seen or identified or referred to must be completely excluded and must not take part in any UGC you submit. It is your responsibility to ensure this. When filming anywhere in a school you must ensure that any at risk pupils have been excluded from filming or have been absented from class. Also check the classroom for any means or evidence of identifying them, e.g. pupil names on white board, wall mounted class work, art pieces, behaviour charts, etc.
4.6 Child Identification and Anonymity
No child, (not just those at risk), should be identified by both first (christian) and second (family) names in any way (whether on screen, in audio, in writing or otherwise). This applies to names spoken in shot and names heard out of shot. This combination of the full name, with the name of the school, might make a pupil vulnerable to an adult wishing to claim acquaintance with him or her. Beware of giving away a child's identity via a "jigsaw" effect of information in the UGC.
4.7 Indecent Images of Children
In the UK it is a serious offence under the Protection of Children Act 1978 for a person to take, or permit to be taken, any indecent photograph of a child, to distribute or show such indecent photographs, to have in his possession such indecent photographs, with a view to their being distributed or shown by himself or others. What is 'indecent' is a matter for the Court. Nudity is not required to find a photo of a child to be indecent. Particular consideration should be given to whether any UGC showing children in states of undress or in particular attire or poses could be interpreted as 'indecent', for example, in PE and drama classes. If in any doubt do not include it in the UGC. Publication of an indecent picture of a child under 16 is an offence under the Protection of Children Act 1978. You are responsible for ensuring that no indecent images of children are included in any UGC you submit.
4.8 Use of Third Party Intellectual Property in UGC
You are responsible for ensuring that UGC you submit is not subject to the intellectual property rights (including, without limitation, copy and design rights) of any third party, or, if it is, that you have obtained all necessary rights from any such third party to permit you and EDF Energy to use that intellectual property for all purposes. You agree to fully indemnify EDF Energy against all costs, damages, expenses and/or losses which it incurs as a result of any claim or potential claim being brought against EDF Energy by a third party which is based on any infringement or alleged infringement of its intellectual property rights.
4.9 Confidentiality and Data Protection
4.9.1 You are responsible for ensuring that your submission of UGC, and EDF Energy's use of your UGC in relation to the Product, does not breach any third party's rights under the Data Protection Act 1998 (as may be amended from time to time) and/or any similar and/or related successor legislation or regulation including (without limitation) any which may arise from REGULATION (EU) 2016/679 applicable to the jurisdiction of England and Wales, nor breach any obligations of confidentiality owed to any third party, and you agree to fully indemnify EDF Energy against all costs, damages, expenses and/or losses which it incurs as a result of any claim or potential claim being brought against EDF Energy by a third party which is based on such a breach.
4.9.2 EDF Energy will use the personal information you provide to us:
220.127.116.11 To supply the Product to you;
18.104.22.168 To process your registration for the Products; and
22.214.171.124 If you agreed to this, to give you information about our products, but you may stop receiving this at any time by contacting us.
5. Warranties and Indemnities
5.1 EDF Energy will use its reasonable skill in making the Product available to you. However, because of the number of sources from which EDF Energy obtains the Content and because of the nature of the Internet and computer software and hardware, errors and omissions may occur and EDF Energy does not give any warranties in respect of the Product. In particular, you should not take the accuracy of the information for granted and EDF Energy makes no warranty that the Product is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.
6. Limitation of Liability
6.1 EDF Energy will not be liable for any loss you suffer as a result of a breach of these Terms or unavailability of the Product. EDF Energy will not be responsible for indirect or consequential losses which are incurred as a result of any breach (such as, without limitation, loss of profits or loss of data).
6.2 Notwithstanding the above provisions of this clause 6, EDF Energy's liability will not be limited in the case of death or personal injury directly caused by EDF Energy's negligence.
8.1 EDF Energy is continually seeking to improve the Product. EDF Energy reserves the right, at its discretion, to make changes to any part of the Product provided that it does not materially reduce the content or functionality of the relevant Product.
9.1 The Product contains links to other websites and resources, either directly or through frames and, where possible, EDF Energy will make clear where such links are being made. Independent third parties provide these sites and EDF Energy is not responsible and shall not be liable for the availability or content of these outside resources.
10. Blogs and Images
10.1 Only teachers and education professionals may post content for inclusion in the "blogs" and the "galleries" sections of the Product (such content being referred to as "Blogs" and "Images" respectively). The posting of all Blogs and Images is subject to the Blog and Gallery Posting Rules shown below these terms.
11.1 You may not transfer any of your rights under these terms to any other person. EDF Energy may assign, novate or otherwise transfer its rights and/or obligations under these terms at any time without notice.
11.2 If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.
11.3 If you breach these terms and EDF Energy chooses to not to promptly enforce these terms or seek any remedy under the same, EDF Energy will still be entitled to use its rights and remedies at a later date or in any other situation where you breach this Agreement.
11.4 These terms are only enforceable by you and by EDF Energy, no third party shall be entitled to enforce these terms.
11.5 We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so under English law within the United Kingdom
11.6 Headings in these terms are for convenience only and will have no legal meaning or effect.
11.7 These terms are governed by the law of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
Every effort has been made to establish copyright in the material in this Product. If there are any anomalies, please email Robyn.Thorn@edfenergy.com.
12. Blog Posting Rules
12.1 By posting and/or approving content (including, without limitation, Blogs and Images) for inclusion within this section of the Pod Website you agree that:
12.2 You are a teacher or other education professional and are responsible for supervising the pupils whose Blogs and/or Images you post/approve.
12.3 The Blogs and/or Images you post/approve have not been created by any person other than you or a pupil who you supervise.
12.4 You will fully review each Blog and each Image you post/approve prior to doing the same, and you confirm that each such Blog and/or Image:
(i) Does not contain any content or language which may reasonably be considered unlawful, immoral or indecent, dishonest, offensive, derogatory or defamatory by any other users of the Pod website (such other users including (without limitation) other education professionals, other pupils (both from your school and other schools) of varying ages, and members of the general public);
(ii) Does not contain any content which is subject to any third party intellectual property rights (for example, any trademarks or trade names) unless you have obtained all necessary consents from the relevant third party in order to include the same within the Blog and/or Image. All such consents must be obtained in writing from the relevant third party and evidence of such consents must be provided to EDF Energy upon request. You should therefore keep a copy of all such consents. Please be aware that third party intellectual property rights include copyrights;
(iii) Does not contain any viruses or other malicious computer programming routines;
(iv) Does not include any links to any other websites;
(v) Does not contain any content which is not relevant to the Pod, EDF Energy, any Friend of the Pod or other associated organisation, or any programmes, schemes or promotions which may be carried out by any of the same, or activities carried out by your school which are aimed at promoting energy efficiency, environmental protection, or other similar goals;
(vi) Does not include any information which can be used to identify or contact you, any pupil, or any other individual, or any other personal data. For example, Blogs may refer to yourself or any pupil by their Pod nickname, but neither Blogs nor Images may include real names, addresses, telephone numbers, email addresses or any combination of information which, when taken together (across one or more Blogs and/or Images) could be used to contact or identify a specific individual.
(vii) Does not include any other content which could be used for unlawful or immoral purposes. For example, you must not include any bank details, passwords or codes, personal information, etc.
12.5 You are able to grant, and hereby grant, EDF Energy an irrevocable, perpetual, sub-licensable, royalty free licence to use all Blogs and all Images for any lawful purposes whatsoever.
12.6 You will exercise due care and skill in reviewing all Blogs and Images to ensure that all Blogs and Images are accurate, relevant and appropriate for posting, and will not post or approve any Blog or Image which you do not consider to be accurate, relevant or appropriate.
12.7 You acknowledge that as an education professional you owe a duty of care to your pupils and will act at all times in a manner which is consistent with this duty of care when posting/approving Blogs and/or Images.
12.8 You will not post or approve any Blog or Image other than in full compliance with these rules
Thank you for visiting the Pod website ('the Website').
The terms above apply to your use of the Website. Please check back regularly to see if there have been any changes. By using the Website you acknowledge and agree that:
- Although due care has been taken in compiling the contents of this Website, EDF Energy accepts no liability in respect of any errors, omission or inaccuracies contained or referred to in it. EDF Energy provides content on the Website in good faith but no warranty or representation is given that the content is accurate, complete or up to date. Use of content on the Website is at your own risk. While EDF Energy takes reasonable precautions to prevent computer viruses and other malicious programs on the Website, no liability is accepted for them.
- intellectual property rights in the content of this Website are owned by EDF Energy and its licensors including all of EDF Energy’s and its licensor’s intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You are permitted to download and print content from the Website solely for your own internal teaching purposes and/or personal use. The Website content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of this Website or link, frame or deep-link it on any other website without the express written permission of EDF Energy.
- Trade marks, logos and brand names shown on the Website are owned by EDF Energy or its licensors. No rights are granted to use any of them without the prior written permission of the owners.
- Information transmitted via this Website will pass over public telecommunications networks which are inherently insecure. EDF Energy makes no representation or warranty that the operation of this Website will be uninterrupted or error-free and disclaims all liability in respect of it.
- This Website contains links to other websites. EDF Energy accepts no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.
This page contains information on what 'cookies' are, how to switch cookies off in your browser and some useful links for further reading on the subject.
What are 'cookies'?
'Cookies' are small text files that are stored by the browser (e.g. Internet Explorer or Safari) on your computer or mobile phone. They allow websites to store such things as user preferences. You can think of cookies as providing a "memory" for the website, enabling it to recognise a user and respond appropriately.
A visit to a page on www.jointhepod.org may generate the following types of cookie:
- Site performance cookies
- Anonymous analytics cookies
- Geotargetting cookies - These cookies are used by software which tries to work out what country you are in from information supplied by your browser when it requests a web page. This cookie is completely anonymous, and is only used to help target content.
- Registration cookies - When you register with the Join the Pod, we generate cookies that signal whether you are signed in or not. Our servers use these cookies to work out which account you are signed in with, and if you are allowed access to a particular service. It also allows us to associate any comments you post with your account. While you are signed into either of the sites, we combine information from your registration cookies with analytics cookies, which we could use to identify which pages you have seen on The Pod as an individual,
- Site performance cookies - This type of cookie remembers your preferences for tools found on Join the Pod, so you don't have to re-set them each time you visit. Examples include, volume settings for our video player, whether you see the latest or the oldest article comments first and video streaming speeds that are compatible with your browser.
- Anonymous analytics cookies - Every time a user visits our website, web analytics software provided by a third party generates an anonymous analytics cookie. These cookies can tell us whether or not you have visited the site before. Your browser will tell us if you have these cookies, and if you don't, we generate new ones. This allows us to track how many individual unique users we have, what they do on the site, and how often they visit the site. These analytics are used for statistical purposes only. If you are logged in, we will also know the details you gave to us for this, such as email address.
How do I turn cookies off?
It is usually possible to stop your browser accepting cookies, or to stop it accepting cookies from a particular website. For example, we cannot tell if you are signed in without using cookies, so you would not be able to post comments. All modern browsers allow you to change your cookie settings. These settings will typically be found in the 'options' or 'preferences' menu of your browser.
Terms and Conditions for What’s Under Your Feet? school visit to the British Trust for Ornithology prize draw.
- No purchase is necessary to enter this Prize Draw.
- An entry to the Prize Draw signifies acceptance of these Terms and Conditions.
- Only registrants at schools and community groups in the United Kingdom who are registered for the Pod at www.jointhepod.org by midnight on 22nd June 2018 (the 'Closing Date') will be eligible to enter the draw ('Eligible Participants').
- To enter the Prize Draw, Eligible Participants must have:
(i) Signed up to take part in What’s Under Your Feet? 2017/18 before midnight on Friday 22nd June 2018
(ii) Entered experiment data into the What’s Under Your Feet? data tool by midnight on the Sunday 15th July 2018
(iii) Each time you enter a new data set you will receive an entry into the prize draw
(iv) Only entries which satisfy the above will be valid ('Valid Entry');
5. The Prize Draw will take place on Monday 16th July 2018 and the winners announced on Tuesday 17th 2018. The Winner of the first Prize will be the first Valid Entry drawn on that date (the 'Winner'). The second Valid Entry drawn will receive the second Prize.
6. The Winners will be contacted by phone or email by Wednesday 18th July 2018.
7. Prize is limited to one Valid Entry in total. In the case that the first registrant drawn at random is unable to participate, another random selection will be made and the Prize reallocated. There will be no alternative Prize offered to a school randomly selected that is unable to participate.
8. The (first) Prize provided is a visit to the British Trust for Ornithology (The Nunnery, Thetford, IP24 2PU) for up to 30 students and 5 adults to meet Chris Packham and take part in a range of activities (activities to be confirmed nearer the date). The visit will take place before the close of the year (2018). The British Trust for Ornithology will confirm the exact date week commencing Monday 3rd September 2018 (subject to Chris Packham’s availability). If you request an alternative date we cannot guarantee that Chris Packham will be able to attend.
9. We will offer up to £250 towards the cost of travel from your school to the British Trust for Ornithology. Proof of booked transport will be required and this will be refunded to you via cheque.
10. If you are unable to make a trip to the British Trust for Ornithology due to your location, an alternative prize of a visit to a local nature reserve near to you will be offered. At least two members of staff from the British Trust for Ornithology will attend to run activities (please note that Chris Packham will not attend)
11. The second Prize provided, is a carefully selected bundle of products (subject to seasonal changes) from CJ Wildlife (CJ Wildbird Foods Ltd, The Rea, Upton Magna, Shrewsbury, Shropshire SY4 4UR), to help create an outstanding school wildlife garden.
11. EDF Energy may need to pass the Winner's details to associated companies and other organisations to process the entry. Please do not enter this Prize Draw if any of these provisions are unacceptable.
12. The Prize Winners may be required to participate in post-event publicity and / or be prepared to be part of a case study. Failure to participate in post-event publicity may result in forfeiture of the Prize.
13. The results of the Prize Draw may be obtained by sending a self addressed envelope to: What’s Under Your Feet? prize draw, Izzy Brashier at The Pod Team, EDF Energy, Gadeon House, Grenadier Road, Exeter, EX1 3UT
14. EDF Energy reserves the right to cancel all or any part of this promotion at any time without notice or liability.
15. The Prize is not transferable or exchangeable for cash. EDF Energy reserves the right to substitute the Prize for an alternative which it deems appropriate.
16. This Prize Draw will be administered by Izzy Brashier (the 'Judge'). The Judge's decision in respect of any aspect of this Prize Draw shall be final.
Please do not enter this Prize Draw if any of these provisions are unacceptable.
The promoter is EDF Energy Customers Limited Registered in England and Wales, Registered No. 2228297, Registered office: 90 Whitfield Street, London, W1T 4EZ incorporated in England and Wales. The responsibility for performance of the supply obligations for all EDF Energy supply contracts rests with EDF Energy Customers plc.