Policies


Contents


Code of Conduct - Maker

Summary

Hi, to make sure Makewaves stays a safe and fun place for everyone we ask all our Reporters to follow some simple rules. We ask you to respect each other, don’t post anything offensive, only upload work you have done and don’t share your personal details with anyone. Please ask your teacher if you have any questions.

 

Body

1.1 These Rules of Conduct tell You how You must act and what You can and can’t do on the Website you are about to access.  You must read these Rules of Conduct and make sure that You understand everything in them before using the Website.  The Website includes Your school page and any other school page You access and these rules apply to both.  If there is anything in these Rules of Conduct which You do not understand, please ask an adult to explain it to You before proceeding to the Website.

  1.2 You understand and agree that You will not use the Website in any way which is not allowed by these Rules of Conduct or in any way that could damage or be harmful to the Website.

  1.3 You agree that You will not post any material to the Website, including but not limited to any words, pictures, music, lyrics, weblinks, stories, programmes and podcasts, which is in any way offensive, harmful, unpleasant, inappropriate, threatening, libellous, rude, unreliable, misleading, false, abusive, fraudulent, defamatory, harassing, intimidating, infringing, obscene, unlawful or otherwise objectionable.  You must also understand that if You see any material of that nature on the Website that we are not responsible for it.

  1.4 If at any time You see or become aware of any material, podcast, song or other Content on the Website posted on the Website, which is not suitable for children to see or which is offensive, harmful, unpleasant, inappropriate, threatening, libellous, rude, unreliable, misleading, false, abusive, fraudulent, defamatory, harassing, intimidating, infringing, obscene, unlawful or otherwise objectionable You agree to immediately tell a teacher at Your school what You have seen.


1.5 You understand that You are not allowed to post, submit, upload, transmit, store or share any Content or material on the Website which You have not created Yourself or for which You do not have written permission to use.

  1.6 You understand that You are not permitted to put any information on the Website which contains or links to any of Your personal or private information or that of any other pupil at Your school or at any other school or the personal or private information of any third party.  This includes addresses, phone numbers, email addresses, financial information or passwords.

  1.7 You understand that where a story, programme, pod-cast or other similar Content is to be posted on the Website by You (or by Your teacher if they are posting / uploading onto the Website for You), You are:

  • •.only allowed to use 30 seconds or less of any song or piece of music if the programme / pod-cast is 30 minutes long or less or 

  • •.allowed to play a full song or piece of music only where the programme / pod-cast is more than 30 minutes long but You are only allowed to play a maximum of 2 (two) tracks or songs by the same artist back to back. 

  1.8 You understand and agree that any Content, such as words, pictures, speech, songs etc which is / are posted on the Website by You or on Your behalf, must be suitable and appropriate for use in schools where there is a mixed age range of children.

  1.9 You are responsible for making any backup copies of any material or Content which You create and / or post on the Website;

  1.10 You understand that You must keep secret all Your registration details and information, including but not limited to Your password and username and You must not share or disclose such information to any other pupil or third party;

  1.11 You understand and accept that if We feel any material or Content in any form on the Website is unsuitable for children or breaks any provision in these Rules of Conduct, We may remove that material at any time from the Website without Your permission and without telling You.

  1.12 We do not promise that the Website or any of the Content on the Website is reliable, complete, up-to-date or without mistakes.  We also do not suggest or promise that any of the Content on the Website is free of viruses or other harmful components which could damage your computer and you should always be cautious when accessing or downloading any Content or other information from the Website.  Where You are unsure You should ask a responsible grownup before accessing or downloading any such information or Content.

  1.13 You understand that you retain the rights to all work you upload to the site. We do not claim any ownership in any content generated by you and posted by you but you do grant us a worldwide, sub-licensable, perpetual, transferable, royalty-free licence to use that content in any way whatsoever, including without limitation, on the Website and related promotional activity.

 

1.14 You understand and agree to the Privacy Policy.

  1.15 If You are unsure about what any of the above information means then please ask an adult, such as Your teacher, to explain it to You before You access the Website.

 


Code of Conduct - Publishers and Managers

Summary

To ensure that Makewaves remains a safe an appropriate place for your pupils we ask that you help us by following our code of conduct. This includes simple steps such as keeping passwords safe, moderating comments, reporting any inappropriate content and generally helping make Makewaves the best place to be!

 

Body

1.1 Before accessing or using Your school page as provided by Makewaves(the "Website") or any other pages of other schools available which are provided by Radiowaves (the "Network") in any way You agree that You shall:

 

   (a) not, and shall ensure that no pupil at Your school, uses the Website, any software or the Network in any unlawful manner or in any manner that could disenable, damage or be otherwise harmful to the Website, any software and/or the Network;

 

   (b) be solely responsible and liable for all content, including but not limited to words, pictures, music, lyrics, stories, programmes and podcasts (“Content”) posted, published, uploaded, stored, transmitted or shared on, to or via the Website and / or Network by You, a pupil at Your school and / or any third party contributing to the Website;

 

   (c) regularly and thoroughly monitor the Website at least twice weekly, and where possible, approve all Content prior to it being published and / or posted on the Website or the Network by any pupil at Your school and/or any contributing third party;

 

   (d) ensure that no Content or Weblinks posted by You, a pupil at Your school or by a third party contributing to the Website is made available on or via the Website or the Network, whether audio or visual which:

 

       (i) is in any way offensive, harmful, unpleasant, inappropriate, threatening, libellous, unreliable, misleading, false, abusive, fraudulent, defamatory, harassing, intimidating, infringing, obscene, unlawful or otherwise objectionable;

 

       (ii) infringes any third party’s rights including, without limitation, the intellectual property rights of any third party;

 

       (iii) contains any personal or private information regarding any pupil at Your school, at any other school and / or any other third party, including but not limited to addresses, phone numbers, email addresses, financial information or passwords; or

 

   (e) ensure that You and all and any pupils at Your school and any contributing third party complies with the above clause 1.1(d);

 

   (f) in the event that You become aware of any Content on the Website or the Network posted by You or by a pupil at Your school which is or, in our sole discretion is, of the nature referred to in clause 1.1(d) to immediately remove such Content from the Website upon You becoming aware of it or being notified of such, whichever is the earlier;

 

   (g) in the event that You become aware of any Content on the Website or anywhere else on the Network, not posted by You or a pupil at your school, which in Your reasonable opinion is of a nature referred to in clause 1.1(d), You shall promptly notify us in writing of such;

 

   (h) ensure that no Content is be posted on the Website or the Network by a pupil at Your school or a contributing third party where You do not have the necessary permissions, licences, including but not limited to music licenses, or authority to publish;

 

   (i) to ensure that all Content complies with the Mechanical Copyright Protection Society/Performing Rights Society licensing agreement and further ensure that:

 

       (i) where a story, programme, pod-cast or other similar Content is 30 minutes long or less, any and each music, song, track, sample, clip or similar used in such Content is less than 30 seconds long; and

 

       (ii) where a story, programme, pod-cast or other similar Content is more than 30 minutes long, that no more than 2 (two) tracks or songs by the same artists are played back to back; and

 

       (iii) any Content, including without limitation audio, videos, images, weblinks and text, which is posted or published on the Website or Network by You, a pupil at Your school or by a third party contributing to the Website, is suitable and appropriate for use in schools.

 

   (j) be solely responsible for creating any backup copies of any Content posted or published on the Website or the Network;

 

   (k) ensure that all pupils at Your school keep secure and confidential their registration and account details including, but not limited to user names and passwords and do not share or disclose such information to any other pupil or third party;

 

   (l) ensure that each and every pupil agrees to and complies with these Rules of Conduct before gaining access to the Website or the Network.

  1.2 You accept that You are responsible for ensuring that any Content posted, uploaded, transmitted, stored or shared on the Website or the Network by You, or by a pupil at Your school or by a contributing third party complies with these Rules of Conduct and further accept that we may remove any Content from the Website or the Network which we reasonably feel contravenes these Rules of Conduct.

  1.3 We are not responsible and shall not be liable for monitoring any Content on the Website or the Network and this shall be Your responsibility and You will be solely responsible in the event that any Content on the Website or the Network posted by You, a pupil at Your school or by a third party contributing to the Website violates or infringes the rights of any third party.

  1.4 We do not represent or warrant that the Website or any of the Content on the Website or the Network is reliable, complete, current or error-free or that the Network, the Website or any of the Content is free of viruses or other harmful components and therefore You should ensure that You, and any pupil at Your school, exercise caution in the access, use and downloading of any Content or other such information or software from the Website and / or the Network. Any such access, use, downloading or other means of obtaining Content or other material from or through the Website or the Network is at Your own discretion and risk.

  1.5 In the event that any Content contains a link to a third party’s website We are not responsible and shall not be liable in any way for the content of the linked website or any link contained in a linked website.

  1.6 You understand and agree to the Privacy Policy



Privacy Policy - Maker

About Radiowaves t/a Makewaves

This is the privacy policy of Radiowaves Schools Limited t/a Makewaves (Company No. 5774430) of Unit 24, 30-34 Aire Street, Leeds, LS1 4HT and educational partner organisations: not  for profit company Digital ME  (Company No. 5303626),] of Unit 23, 30-34 Aire Street, Leeds, LS1 4HT, Synergy TV Limited (Company No. 3612762) and Numu Ltd (Company No. 6463380) of Unit 24, 30-34 Aire Street, Leeds, LS1 4HT

("The Group", "we", "our", "us").

 

We are mindful of the importance of upholding the security of information under our control. All data collected through the [www.makewav.es] website and associated mobile applications (the "Website") is stored on secure servers, and we have stringent security and confidentiality procedures covering the storage and disclosure of such information, in accordance with the Data Protection Act 1988. The following Privacy Policy forms part of our Terms and Conditions and will help you to understand how your personal information collected during your use of the Website will be treated by us. If you have any queries on this please don't hesitate to contact us via the details set out at the end of

this policy.

 

We endeavour to take all reasonable steps to protect the privacy of your personal information. However, we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing the information over the Internet, and will not hold us responsible for any breach of security, unless this is due to our negligence

or wilful default.

 

Consent

We have a strong commitment towards the privacy of sensitive information. This Privacy Policy sets out how we use personal information obtained about you during your use of the Website. Your use of the Website signifies that you have given us your consent to such use of your data and your agreement to the terms of this Privacy Policy. What personal information do we collect? We may collect personal information when you contact us or when you fill in a form on the Website, including without limitation if you register on the Website or report a problem with our Website. We may also collect information regarding details of visits to our Website. Any personal information we collect will be used by us strictly in accordance with current data protection legislation and this Privacy Policy. We will store

the information we collect from you and hold it electronically or otherwise.

IP Address & Cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and our own

analysis to improve our service.

 

We use cookies to keep track of your information during the time you view the Website. We also use them to recognise return visitors and to track our promotions and projects. We gather this information for internal use only and will never authorise the release of

this information with anyone outside of The Group.

 

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so

that it will refuse cookies, our system will issue cookies when you log on to our site.

Who do we share your information with?

We disclose information to employees for the purpose of operating the Website and from time to time with security testers to ensure our systems that protect your data are fully secure and up to date. We may share with third parties general information about your likes/dislikes etc gathered from surveys. This information does not

include personal details.

 

Unless you request otherwise, we may also use your details for the purpose of our marketing and promotional activities for example we may send you a newsletter from time to time and information about competitions and surveys, as well as for the purpose of promoting and marketing the goods and services of our carefully selected third party partners. We may contact you for such marketing purposes by email or other electronic messages, post and/or fax (depending on the information we collect from you), this

includes but is not limited to a newsletter.

 

We will at no time sell your details to any third party. If you do not wish to receive such offers or information gathered about you in Surveys then you can at any time write to us,

or email us at the address in the "Contact Us".

 

Your rights

You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by contacting us at the address in

the "Contact Us" section below.

 

You also have the right to see the personal data (as defined in the Data Protection Act 1988) that we keep about you, on receipt of a written request, verification of your identity, and payment of a fee of £10. If you are concerned that any of the information we hold on you is incorrect or if you wish to object to the use we have made of your personal

data, please contact us at the address in the "Contact Us" section below.

Changes to our Privacy Policy

We may modify our Privacy Policy from time to time in our sole discretion; if so, we will post a revised version of this Privacy Policy on this webpage. We urge you to check the Privacy Policy regularly to obtain the most up to date copy. Modifications will be

effective when they are posted on the website.

 

Other websites and Third Parties

From time to time our Website may contain links to and from other internet sites. Please note that this Privacy Policy only covers this Website. Any other website which is linked to or from this Website will have their own privacy policies, including without limitation the Global Innovation Network website, and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal

data to these websites.

 

From time to time in our Newsletter or marketing material we may include competitions and surveys from third parties. Please note that this Privacy Policy only covers this website and any competitions or surveys entered into directly with us. Any third parties should have their own privacy policy, please check this before sending any personal

information to them.

Contact Us

If you have any comments or queries in connection with our Privacy Policy, please email [support@makewav.es] or write to [Radiowaves Schools Limited t/a Makewaves (Company No. 5774430) of Unit 24, 30-34 Aire Street, Leeds, LS1 4HT, marking you

letter for the attention of [Sharon Middleton].

 


Privacy Policy - Publishers and Managers

About Radiowaves t/a Makewaves

This is the privacy policy of Radiowaves Schools Limited t/a Makewaves (Company No. 5774430) of Unit 24, 30-34 Aire Street, Leeds, LS1 4HT and educational partner organisations: not  for profit company Digital ME  (Company No. 5303626),] of Unit 23, 30-34 Aire Street, Leeds, LS1 4HT, Synergy TV Limited (Company No. 3612762) and Numu Ltd (Company No. 6463380) of Unit 24, 30-34 Aire Street, Leeds, LS1 4HT

("The Group", "we", "our", "us").

 

We are mindful of the importance of upholding the security of information under our control. All data collected through the [www.makewav.es] website and associated mobile applications (the "Website") is stored on secure servers, and we have stringent security and confidentiality procedures covering the storage and disclosure of such information, in accordance with the Data Protection Act 1988. The following Privacy Policy forms part of our Terms and Conditions and will help you to understand how your personal information collected during your use of the Website will be treated by us. If you have any queries on this please don't hesitate to contact us via the details set out at the end of

this policy.

 

We endeavour to take all reasonable steps to protect the privacy of your personal information. However, we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing the information over the Internet, and will not hold us responsible for any breach of security, unless this is due to our negligence

or wilful default.

 

Consent

We have a strong commitment towards the privacy of sensitive information. This Privacy Policy sets out how we use personal information obtained about you during your use of the Website. Your use of the Website signifies that you have given us your consent to

such use of your data and your agreement to the terms of this Privacy Policy.

What personal information do we collect?

We may collect personal information when you contact us or when you fill in a form on the Website, including without limitation if you register on the Website or report a problem with our Website. We may also collect information regarding details of visits to our Website. Any personal information we collect will be used by us strictly in accordance with current data protection legislation and this Privacy Policy. We will store

the information we collect from you and hold it electronically or otherwise.

IP Address & Cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and our own analysis to improve our service. We use cookies to keep track of your information during the time you view the Website. We also use them to recognise return visitors and to track our promotions and projects. We gather this information for internal use only and will never authorise the release of

this information with anyone outside of The Group.

 

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so

that it will refuse cookies, our system will issue cookies when you log on to our site.

Who do we share your information with?

We disclose information to employees for the purpose of operating the Website and from time to time with security testers to ensure our systems that protect your data are fully secure and up to date. We may share with third parties general information about your likes/dislikes etc gathered from surveys. This information does not

include personal details.

 

Unless you request otherwise, we may also use your details for the purpose of our marketing and promotional activities for example we may send you a newsletter from time to time and information about competitions and surveys, as well as for the purpose of promoting and marketing the goods and services of our carefully selected third party partners. We may contact you for such marketing purposes by email or other electronic messages, post and/or fax (depending on the information we collect from you), this

includes but is not limited to a newsletter.

 

We will at no time sell your details to any third party. If you do not wish to receive such offers or information gathered about you in Surveys then you can at any time write to us,

or email us at the address in the "Contact Us".

Your rights

You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by contacting us at the address in the "Contact Us" section below. You also have the right to see the personal data (as defined in the Data Protection Act 1988) that we keep about you, on receipt of a written request, verification of your identity, and payment of a fee of £10. If you are concerned that any of the information we hold on you is incorrect or if you wish to object to the use we have made of your personal data, please contact us at the address in the "Contact Us" section below. Changes to our Privacy Policy We may modify our Privacy Policy from time to time in our sole discretion; if so, we will post a revised version of this Privacy Policy on this webpage. We urge you to check the Privacy Policy regularly to obtain the most up to date copy. Modifications will be effective when they are posted on the website. Other websites and Third Parties From time to time our Website may contain links to and from other internet sites. Please note that this Privacy Policy only covers this Website. Any other website which is linked to or from this Website will have their own privacy policies, including without limitation the Global Innovation Network website, and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal

data to these websites.

 

From time to time in our Newsletter or marketing material we may include competitions and surveys from third parties. Please note that this Privacy Policy only covers this website and any competitions or surveys entered into directly with us. Any third parties should have their own privacy policy, please check this before sending any personal

information to them.

Contact Us

If you have any comments or queries in connection with our Privacy Policy, please email [support@makewav.es] or write to [Radiowaves Schools Limited t/a Makewaves (Company No. 5774430) of Unit 24, 30-34 Aire Street, Leeds, LS1 4HT, marking you

letter for the attention of [Sharon Middleton].

 


Privacy Policy - Guests

About Radiowaves t/a Makewaves

This is the privacy policy of Radiowaves Schools Limited t/a Makewaves (Company

No. 5774430) of Unit 24, 30-34 Aire Street, Leeds, LS1 4HT and educational partner

organisations: not  for profit company Digital ME  (Company No. 5303626),] of Unit

23, 30-34 Aire Street, Leeds, LS1 4HT, Synergy TV Limited (Company No. 3612762)

and Numu Ltd (Company No. 6463380) of Unit 24, 30-34 Aire Street, Leeds, LS1 4HT

("The Group", "we", "our", "us").

 

We are mindful of the importance of upholding the security of information under our

control. All data collected through the [www.makewav.es] website and associated mobile

applications (the "Website") is stored on secure servers, and we have stringent security

and confidentiality procedures covering the storage and disclosure of such information, in

accordance with the Data Protection Act 1988. The following Privacy Policy forms part

of our Terms and Conditions and will help you to understand how your personal

information collected during your use of the Website will be treated by us. If you have

any queries on this please don't hesitate to contact us via the details set out at the end of

this policy.

 

We endeavour to take all reasonable steps to protect the privacy of your personal

information. However, we cannot guarantee the security of any data you disclose on-line.

You accept the inherent security risks of providing the information over the Internet, and

will not hold us responsible for any breach of security, unless this is due to our negligence

or wilful default.

Consent

We have a strong commitment towards the privacy of sensitive information. This Privacy

Policy sets out how we use personal information obtained about you during your use of

the Website. Your use of the Website signifies that you have given us your consent to

such use of your data and your agreement to the terms of this Privacy Policy.

What personal information do we collect?

We may collect personal information when you contact us or when you fill in a form on

the Website, including without limitation if you register on the Website or report a

problem with our Website. We may also collect information regarding details of visits to

our Website. Any personal information we collect will be used by us strictly in

accordance with current data protection legislation and this Privacy Policy. We will store

the information we collect from you and hold it electronically or otherwise.

IP Address & Cookies

We may collect information about your computer, including where available your IP

address, operating system and browser type, for system administration and our own

analysis to improve our service.

We use cookies to keep track of your information during the time you view the Website.

We also use them to recognise return visitors and to track our promotions and projects.

We gather this information for internal use only and will never authorise the release of

this information with anyone outside of The Group.

 

You may refuse to accept cookies by activating the setting on your browser which allows

you to refuse the setting of cookies. However, if you select this setting you may be unable

to access certain parts of the Website. Unless you have adjusted your browser setting so

that it will refuse cookies, our system will issue cookies when you log on to our site.

Who do we share your information with?

 

We disclose information to employees for the purpose of operating the Website and

from time to time with security testers to ensure our systems that protect your data

are fully secure and up to date. We may share with third parties general information

about your likes/dislikes etc gathered from surveys. This information does not

include personal details.

 

Unless you request otherwise, we may also use your details for the purpose of our

marketing and promotional activities for example we may send you a newsletter from

time to time and information about competitions and surveys, as well as for the purpose

of promoting and marketing the goods and services of our carefully selected third party

partners. We may contact you for such marketing purposes by email or other electronic

messages, post and/or fax (depending on the information we collect from you), this

includes but is not limited to a newsletter.

 

We will at no time sell your details to any third party. If you do not wish to receive such

offers or information gathered about you in Surveys then you can at any time write to us,

or email us at the address in the "Contact Us".

Your rights

You have the right to ask us not to process your personal data for marketing purposes.

You can exercise your right to prevent such processing by contacting us at the address in

the "Contact Us" section below.

You also have the right to see the personal data (as defined in the Data Protection Act

1988) that we keep about you, on receipt of a written request, verification of your

identity, and payment of a fee of £10. If you are concerned that any of the information we

hold on you is incorrect or if you wish to object to the use we have made of your personal

data, please contact us at the address in the "Contact Us" section below.

Changes to our Privacy Policy

We may modify our Privacy Policy from time to time in our sole discretion; if so, we will

post a revised version of this Privacy Policy on this webpage. We urge you to check the

Privacy Policy regularly to obtain the most up to date copy. Modifications will be

effective when they are posted on the website.

Other websites and Third Parties

 

From time to time our Website may contain links to and from other internet sites. Please

note that this Privacy Policy only covers this Website. Any other website which is linked

to or from this Website will have their own privacy policies, including without limitation

the Global Innovation Network website, and we do not accept any responsibility or

liability for these policies. Please check these policies before you submit any personal

data to these websites.

 

From time to time in our Newsletter or marketing material we may include competitions

and surveys from third parties. Please note that this Privacy Policy only covers this

website and any competitions or surveys entered into directly with us. Any third parties

should have their own privacy policy, please check this before sending any personal

information to them.

Contact Us

If you have any comments or queries in connection with our Privacy Policy, please email

[support@makewav.es] or write to [Radiowaves Schools Limited t/a Makewaves

(Company No. 5774430) of Unit 24, 30-34 Aire Street, Leeds, LS1 4HT, marking you

letter for the attention of [Sharon Ashley].



Terms and Conditions - Publishers and Managers

1 General

1.1 This is the www.makewav.es website (the "Website") which is owned by [Radiowaves Schools] Limited (Company No. [5774430]) of Unit 24, 30-34 Aire Street, Leeds LS1 4HT ("we", "us", "our"). 1.2 You, as Lead Teacher, acknowledge and agree that by using the Website and, where applicable, by purchasing any goods ("Goods") or training services ("Training Services"), you acknowledge that you have read and agree to be bound by and comply with these Terms and Conditions. You further agree that your access to and use of the Website and that of the Customer and Users shall be subject exclusively to these Terms and Conditions. 1.3 We may change these Terms and Conditions at any time, and your continued use of the Website or that of the Customer and/or a User following any changes shall be deemed to be the acceptance of such changed Terms and Conditions.

1.4 You should print a copy of these Terms and Conditions for your future reference.

2 Definitions and interpretation
  • •."Annual Subscription Fee" means, where applicable, the fee payable to us for a Subscription Year's access to a Package as varied from time to time; 

  • •."Content" means any content or material, whether of an audio or visual nature and including but not limited to words, pictures, music and lyrics, blogs, comments, stories, programmes and podcasts Posted on, by or via the Website; 

  • •."Customer" means the school or other body on behalf of which you have the authority to agree to these Terms and Conditions; "Intellectual Property" means all intellectual property rights including, without limitation, patents, registered designs and any rights to apply for the same copyright, design rights, database rights, rights in and to confidential information and know-how and any rights analogous to the same subsisting anywhere in the world at any time; 

  • •."Network" means the Website and other school websites; 

  • •."Package" means the Website package detailed in your order to be supplied by us for a Subscription Year and thereafter, subject to payment by you of the Annual Subscription Fee applicable from time to time; 

  • •."Package Access Date" means the date from which you can access the Package on the Website; 

  • •."Paid-for Package" means the [Plus Package] and/or the [Pro Package] as further detailed on the Website; 

  • •."Post(ed)(ing)" means posting, publishing, sharing, transmitting, storing and uploading and any other such action of a similar nature; 

  • •."Pupil" means a current pupil attending the Customer's school; 

  • •."Rules of Conduct" mean the rules of conduct set out in condition 3 below and those which the User needs to accept prior to the use of the Website and/or the Network; 

  • •."Service Levels" means the service levels which we shall provide under the Package in respect of the Website, as detailed on the [Website]; 

  • •."Subscription Year" means a period of 12 consecutive months, commencing on the Package Access Date; 

  • •."User" means you, as the Lead Teacher and any Pupil who has been granted access to the Website in accordance with these Terms and Conditions; and 

  • •."you" "your" means you, as the Lead Teacher responsible for registering the Customer with the Website. 

3 Rules of Conduct

3.1 You warrant and undertake: (a) to not, and to procure that the User does not, use the Website in any unlawful manner or in any manner that could disenable, damage or be otherwise harmful to the Network and/or the Website; (b) that you shall be solely responsible and liable for all Content Posted to or via the Website and/or Network by a User; (c) to regularly and thoroughly monitor the Website and all Content being Posted on the Website by any User and/or third party; (d) to ensure that no Content is made available by a User on or via the Website, whether audio or visual which: (i) is in any way offensive, harmful, unpleasant, inappropriate, threatening, fraudulent, defamatory, abusive, discriminatory, false, libellous, unreliable, misleading, harassing, intimidating, infringing, obscene, unlawful or otherwise objectionable; (ii) infringes any third party's rights including, without limitation, the Intellectual Property rights of any third party; (iii) contains any personal or private information regarding any User and / or any third party, including but not limited to addresses, phone numbers, email addresses, financial information or passwords; or (iv) contains any links to other websites; (e) to procure the compliance of all Users with the above condition 3.1(d); (f) in the event that you become aware of any Content on the Website or the Network Posted by a User which is or could be considered to be of the nature referred to in condition 3.1(d) to immediately remove such Content from the Website and/or Network, as appropriate, upon you becoming aware of or being notified of such, whichever is the earlier; (g) in the event that you become aware of any Content on the Website or the Network, not Posted by a User, which in your reasonable opinion is of a nature referred to in condition 3.1(d), you shall promptly notify us in writing of such; (h) to ensure that no Content or material shall be Posted on by or via the Website or the Network which the User does not have the necessary permissions, licences including, without limitation, music licences or authority to Post; (i) to ensure that all Content complies with the Mechanical Copyright Protection Society/Performing Rights Society licensing agreement and further ensure that: (i) where a pod-cast or other similar Content is 30 minutes long or less any and each music song track, sample, clip or similar used in such Content is less than 30 seconds long; and (ii) where a pod-cast or other similar Content is more than 30 minutes long, no more than 2 (two) tracks or songs by the same artists are played back to back; (iii) any Content Posted on the Website or Network by the User or a contributing third party is suitable and appropriate for use in schools; (j) that you shall be solely responsible for creating any backup copies of any Content or material Posted on the Website or Network; (k) to procure that all Users keep secure and confidential their registration and account details including, but not limited to user names and passwords and do not share or disclose such information to any other User or third party; (l) to ensure that all employees and agents of the Customer who gain access to the Website and/or the Network are Criminal Records Bureau approved; (m) to procure that each and every User agrees to and complies with the Rules of Conduct contained in this condition 3 before gaining access to the Website and/or the Network; and

(n) that you are who you say you, both as an individual and in relation to your position with respect to the Customer, and you acknowledge and agree that where you sign up for and/or purchase a Product (as defined in clause 6.1 below), we shall be entitled at our discretion, to perform identity checks on you which may include, without limitation, contacting the Customer.

4 Provision of the Website

4.1 We warrant that we will provide the Website using reasonable skill and care. However, subject to the Service Levels, we cannot and do not warrant that the Website will be continuously available or have an internet presence at all times and we shall not be responsible or liable in any way for any costs or inconveniences caused by the Website at any time being unavailable. 4.2 Further, subject to the Service Levels, we do not represent or warrant that the Website or any of the Content on the Website or the Network is reliable, complete, current or error-free or that the Website or any of the Content on the Website or the Network is free of viruses or other harmful components and you should ensure that you and any User exercises caution in the access, use and downloading of any Content or other such information, material or software from the Website or the Network. Any such access, use, downloading or other means of obtaining Content or other material from or through the Website or the Network by you and / or a User is at your own discretion and risk. 4.3 Whilst we do have certain child protection policies in place [insert hyperlink] that are in line with current guidance issued by the Child Exploitation and Online Protection Centre, you acknowledge that we do not monitor the Content of the Website and/or Network however where you notify us in writing regarding Content on the Website in accordance with condition 3.1 we will review the Content in question and where we, in our sole discretion, deem it necessary or desirable, we shall remove or alter the relevant Content so that, in our reasonable opinion, it is no longer of an Objectionable Nature. 4.4 You acknowledge that we do not create or guarantee any back up or record of any Content or other

material Posted on the Website.

5 Disclaimer

5.1 Subject to the applicable Service Levels which we shall use reasonable endeavours to provide, we give no warranty regarding the functionality of the Website including without limitation that the Website will be available on an uninterrupted or error free basis; that defects will be corrected; or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive and no liability can be accepted in respect of losses or damages arising out of such. We recommend that you take all appropriate safeguards before downloading information or images from the Website. 5.2 The Website is provided on an 'as is' basis and we do not make any representations or warranties as to the accuracy, completeness or suitability of the Website, the Network and / or Content for any purpose. Except as expressly set out in these Terms and Conditions, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded. 5.3 We shall not be responsible or liable in any way for any Content Posted on or via the Website or the Network by you, a User or by any third party. 5.4 You acknowledge and agree that although we provide Rules of Conduct for you and all Users regarding conduct, use and Postings on the Website, we do not control and are not responsible for any Content on the Website and/or Network and we are not responsible for any offensive, unpleasant, inappropriate, obscene, unlawful, threatening, abusive infringing, intimidating, defamatory, harmful, harassing, discriminatory, false, libellous, unreliable, misleading or otherwise objectionable content which you or any User or third party may encounter on or in connection with the Network, Website and / or any Content. 5.5 We are not responsible or liable for your conduct and / or that of any User or third party, whether it be online or offline. 5.6 You undertake and shall be solely responsible for monitoring all Content Posted on or via the Website or the Network by you, a User, or any third party and shall ensure that any and all such Content complies with the Rules of Conduct in condition 3. 5.7 Where links to third party websites form part of the Content, we shall not be responsible and accept no liability for the content of the linked website or any link contained in a linked website, including without limitation the content of any website in the Network other than the Website. 5.8 We shall be entitled at any time to remove, either temporarily or permanently, any Content or other material from the Website and/or the Network which we deem, in our reasonable opinion, to

constitute a breach of the Rules of Conduct.

6 Purchase of Products

6.1 The placing of Goods, Training Services and/or a Package (each, a "Product") on our Website is an invitation to accept offers for such Product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and payment has been charged). 6.2 Please note that the details and/or specification for the Training Services and/or the Package, as set out on the Website, are subject to change without notice. 6.3 We will acknowledge by e-mail your order for a Product [at the time you place your order.] We will then notify you within 2 working days of such email whether we have accepted your order but you acknowledge that were you have ordered a Package such acceptance shall be subject to the result of our checks under condition 3.1(n) above. At the same time if we have accepted your order we will notify you of delivery dates, where applicable. 6.4 In the event a Product is listed at an incorrect price due to a typographical error, we will notify you of the correct price by e-mail and we will give you the choice of either purchasing the Product at the correct price or cancelling your order. If you confirm you want the Product at the corrected price we will deliver the Goods, supply the Training Services and/or make the Package available to you, as applicable. If payment has been charged for the purchase and you cancel your order in accordance with these Terms and Conditions we will issue a refund provided that: (a) in relation to Goods that have been sent out, the Goods have been returned to us; and/or (b) in relation to Training Services, we have not already commenced performance of such services with your agreement. 6.5 Any order (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable prior to delivery we will notify you and give you the choice of a refund or of purchasing an alternative Product, where applicable. 6.6 We agree to provide the Training Services and/or the Paid-for Package, as applicable, to you using reasonable skill and care. 6.7 Where applicable, we warrant that all Training Services shall be delivered by Criminal Records Bureau approved staff. 6.8 Where you purchase Training Services, you are responsible for ensuring that a minimum of [one week] before the agreed date such Training Services are to be supplied, the necessary set-up requirements and network tests have been completed and where the necessary set-up requirements have not been completed within this time frame, we shall be entitled to cancel the Training Services and charge a cancellation fee of £200. 6.9 Subject to clause 6.7 above, where a delivery date for the Training Services has been agreed between you and us, if you are subsequently unable to make such date then you must notify us promptly in writing. Provided you notify us in writing a minimum of [one week] before the agreed delivery date, and always subject to clause 6.9 below, you shall be entitled to reschedule delivery of the Training Services but acknowledge that any further re-scheduling is at our discretion and shall be subject to you and us agreeing a mutually agreeable date. 6.10 We reserve the right to charge a cancellation fee and invoice you for any non-refundable travel and accommodation costs incurred by us in respect of any day booked by you for Training Services and confirmed by us, where such training is subsequently cancelled by you. 6.11 Where applicable, we warrant that the Goods will comply with the relevant [material datasheet] as set out [on the Website] for a period of six months after delivery and will repair or replace any such Products during the six month period. 6.12 You acknowledge and agree that the Annual Subscription Fee payable for a Package is an annual

fee, payable in advance of each Subscription Year in accordance with condition 9 below.

7 Defective Goods

7.1 If the Goods delivered are defective, not what you ordered, or damaged on delivery please notify us straight away and we will arrange for the Goods to be collected. You should keep your delivery note. Page 9 7.2 We will repair, replace or refund you for the price paid for any Goods which are found to be incorrect or damaged on delivery for a period one month after delivery. 7.3 If you opt to exchange the Goods, any additional payments must be included with the returned Goods. Replacement Goods will not be dispatched until such payment has been received. 7.4 Risk in the Goods passes to you when the Goods are signed for at the delivery address stipulated in your order. We accept no responsibility for any damage or loss to the Goods

after risk passes.

8 Cancellation of contract by you

8.1 You may cancel the contract for the purchase of Training Services and/or a Package at any time up to and including the seventh working day after the day on which you receive the email from us confirming the contract between us, except where you have: (a) agreed that the Training Services can commence; and/or (b) commenced using the Paid-for Package, before the aforementioned 7 day period expires. To cancel such contract you must notify us in writing by email or post at the addresses set out at the beginning of these Terms and Conditions. 8.2 You may cancel the contract for the purchase of Goods at any time up to and including the seventh working day after the day on which the Goods are delivered to you by notifying us in writing by email or post at the addresses set out at the beginning of these Terms and Conditions. 8.3 If you cancel the contract you must return the Goods to us at the address set out at the beginning of these Terms and Conditions at your own cost and risk. If you cancel the contract and then you receive the Goods you must not unpack them from their packaging but must immediately send the Goods back to us. 8.4 In any event, you must return the relevant item of Goods to us within 14 days of receiving it and at your own cost and risk. 8.5 If you do not return the Goods to us within 14 days we will contact you. If we have to collect the items of Goods from you we will deduct any costs we incur in recovering the Goods from your payment to us prior to re-crediting you. 8.6 Provided that we receive the Goods in the condition they were in when delivered to you with the original Goods packaging in reasonable condition given its purpose, then we will re-credit you with the amount paid for your order for the Goods in question as soon as possible and, in any event, within 30 days of receipt of the Goods. For the avoidance of doubt, you shall be responsible for ensuring that the Goods and original packaging are returned to us in the stated condition and if any additional packaging is required in order to do this then you shall be responsible for obtaining and the cost of such. 8.7 Until you return the Goods to us you must keep them in your possession and take reasonable care of them. 8.8 Please be aware that you will not be entitled to cancel the contract for the supply of any of the following: (a) An item of Goods which has been changed, altered, adjusted or personalised in any way whether by us pursuant to your request or instruction, by you or by a third party regardless of whether such change to the item of Goods occurs before or after delivery; (b) an item of Goods made to your specification; (c) an item of Goods obtained by us especially for you so as to meet aspecific item request and/or specification made by you; or (d) an item of Goods which is liable to deteriorate or expire rapidly. For the avoidance of doubt, such Goods shall be marked 'non-returnable' on the Website. 8.9 You acknowledge and agree that where you purchase a Paid-for Package, this entitles you to access the relevant Paid-for Package for a Subscription Year. If after the initial Subscription Year you do not wish to maintain the Subscription to the Paid-for Package for a second or any subsequent Subscription Year thereafter, you must notify us in writing at least one month before the expiry of the then current Subscription Year. 8.10 In the event that you do not notify us in accordance with condition 8.9 above and do not pay the relevant Annual Subscription Fee, we may suspend your access to the relevant Paid-for-Package

and remove any Content posted by you.

9 Prices and Payment

9.1 The prices for the Products and delivery are as set out on the Website. For the avoidance of doubt, the price in relation to the Paid-for Package is the relevant Annual Subscription Fee in force from time to time; this is an annual fee, not a one-off fee and will be payable on an annual basis in advance of each Subscription Year. 9.2 Payment must be made by purchase order only 9.3 [We shall not supply any Products until we receive a valid purchase order.] 9.4 Where you pay for your order by Purchase Order, you may send such purchase order to us by [fax, email or mail] and upon receipt we will process it. To pay for your order with: (a) an online purchase order you must enter your purchase order number into the relevant box during the online payment process or; (b) a purchase order by fax, email or mail: (i) fax a copy of the purchase order to 0870 7518263; (ii) email your purchase order to accounts@makewav.es; (iii) mail your original purchase order to us at Unit 24, 30-34 Aire Street, Leeds, LS1 4HT. 9.5 We will inform you as soon as we can if we are unable to deliver the Products within 30 days of your order and you may agree an alternative delivery period or you may cancel the order. In no event shall we be liable to you for any losses you may have for any delay in delivery. 9.6 We reserve the right to increase the Annual Subscription Fee [on an annual basis] by giving you a

minimum of [2 months] written notice.

10 Intellectual Property

10.1 You acknowledge that any and all Intellectual Property in or relating to the Website, any Content [Posted by us], the Products, us and/or our business belong solely to us and/or our licensors and shall remain entirely in such ownership, including without limitation any Intellectual Property in the Website design, text, graphics and all software and source codes connected with the Website. Nothing said or done by either party shall constitute the transfer of any such rights. 10.2 You acknowledge and agree that you shall not at any time use any of our or our licensors' trade marks, whether registered or unregistered and including without limitation trade names, graphics and/or logo(s), without our prior written consent, such consent to be given at our sole discretion. 10.3 No permission is given by us for use by you or by any third party of any Intellectual Property in the Website, including without limitation any Content, which may constitute an infringement of our Intellectual Property rights or the rights of any third party. 10.4 We do not warrant that use of the Website and/or any Content does not infringe any third party's Intellectual Property or other proprietary rights. In the event that the normal operation, possession or use of the Website by you infringes the Intellectual Property of any third party you shall notify us immediately upon becoming aware

of the same.

11 Liability

11.1 Except as expressly set out in these Conditions, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract. 11.2 Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from our negligence; or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us, or for any liability which cannot be limited as a matter of law. 11.3 In respect of any cause of action (including an action for negligence) arising out of or in connection with any Product purchased from the Website, our entire liability shall be limited, to the extent that the cause of action relates to the items purchased on our Website to (at our option): (a) where applicable, repairing or replacing the defective Goods; (b) where applicable, re-performing the Training Services; or (c) refunding the amount paid by you in respect of the Product purchased which, in the case of a Paid-for Package, shall be limited to the Annual Subscription Fee for the relevant Paid-for Package as in force at the date the breach occurs. 11.4 Subject to condition 11.2; (a) We shall not be liable for loss of profits; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or loss or corruption of data or information;; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and (b) Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to: (i) where the breach relates to the Website, including without limitation the Package, to the price paid for the Package to the greater of: (A) £1; and (B) the Annual Subscription Fee paid or payable for the relevant Package for the year in which the breach occurs; or (ii) where the breach relates to an item of Goods and/or the Training Services, to the price paid or payable to us for the relevant Goods and/or Training Services; or (iii) where the breach does not fall within the scope of 11.4(b)(i) or 11.4(b)(ii), £600. 11.5 You agree to indemnify us and keep us indemnified in full against all liability, costs, claims, damages and expenses incurred by or awarded against us that arise directly or indirectly from your failure to

comply with the Rules of Use set out in condition 3.

12 General provisions

12.1 Each provision of the Contract is severable and distinct from the others and if any provision is or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, it shall to that extent or in those circumstances be deemed not to form part of the Contract, but the validity, legality and enforceability of all other provisions of the Contract shall not otherwise be affected or impaired, it being the Parties' intention that every provision of the Contract shall be and remain valid and enforceable to the fullest extent permitted by law. 12.2 Each party warrants to the other that, in entering into this Agreement, it does not rely on any statement, representation, assurance, promise or warranty of any person (whether a party to this Agreement or not) other than as expressly set out in this Agreement. Neither party excludes its liability for fraudulent misrepresentation. 12.3 You shall not assign, transfer or sub-contract any of your rights, benefits or obligations under these Terms and Conditions without obtaining our prior written consent. 12.4 No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms contained in these Terms and Conditions. 12.5 These Terms and Conditions shall be governed by and construed in accordance with English law and the parties

submit to the exclusive jurisdiction of the English courts.

 

Contact Us

If you have any comments or queries in connection with our Privacy Policy, please email hello@makewav.es or write to Radiowaves Schools Limited (Company No. 5774430)of Unit 24, 30-34 Aire Street, Leeds, LS1 4HT

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