Please read these Website User Terms (Terms) carefully before you access and use the resources on Jisc's building digital capability website (the Website).

If you do not agree to these Terms, please do not use the guidance and resources provided on the Website.

By using the Website in any way, you agree to be bound by these Terms, which shall take effect immediately upon your first use of the Website. Use of the Website includes browsing the Website and accessing the guidance, resources and tools provided on it.

SECTION 1: GENERAL

  • How these Terms apply: These Terms apply to your access to and use of the Website.
  • About Jisc: The Website is operated by Jisc, a private limited company limited by guarantee registered in England with company number 05747339 and having its registered address at 4 Portwall lane, Bristol, BS1 6NB (Jisc).
  • About the Website: To see more information on the Jisc’s Building Digital Capability service (the Service) and what it offers see our service information.
  • Changes to terms: Jisc may update these Terms and the Privacy Policy. Changes will have immediate effect from the date of posting on this Website. All Website users should therefore review these Terms regularly. Your continued use of the Website after changes have been made will be taken to indicate that you have accepted and are bound by the updated terms. Jisc reserves the right to revoke, withdraw or amend these Terms without notice.
  • Viruses: Jisc cannot guarantee that the Website is virus / bug free and advises that you use up-to-date browsers and virus protection software.

SECTION 2: USERS

Access to the Website is made available free of charge. Any individual who accesses the Website is a Website user (a User). There are two types of Users:

  • An Ordinary User is a user anywhere in the world who accesses the Website via an internet device (and who is not a Registered User). An Ordinary Users can browse, view and use a limited set of resources in accordance with these Terms
  • A Registered User is an individual who is affiliated with an organisation that has entered into a Digital Capability Subscription Agreement with Jisc to provide access to the Service, and who has registered as a Registered User by following the steps set out in Section 3. A Registered User can browse, view and use all of the resources on the Website in accordance with these Terms.

SECTION 3: BECOMING A REGISTERED USER

You agree that Jisc may access, store and use any personal information that you provide to us in accordance with (i) these Terms, and (ii) the Service Privacy Policy: https://digitalcapability.jisc.ac.uk/privacy/ (Privacy Policy). You should read the Privacy Policy before registering, and you should not provide any personal information to Jisc if you do not agree to these Terms or the Privacy Policy.

Where you are a Registered User and your subscribing organisation has provided you with credentials which enable you to access online resources and services for education and research under the 'UK Access Management Federation' (AMF Credentials), you may use these AMF Credentials to log into the Website. You will become a Registered User upon the first use of your AMF Credentials to log in to the Website.

If you know or suspect that anyone other than you knows your AMF Credentials, you must promptly tell your organisation.

SECTION 4: LICENCE OF RESOURCES

All resources are the copyright of Jisc or licensed to Jisc. If anything on the Website is found to infringe the intellectual property rights of any third party Jisc will remove this as soon as possible after it is made aware of such infringement. Some resources are licenced for you to use under a Creative Commons licence, more information on these can be found here:

https://digitalcapability.jisc.ac.uk/website-information/

SECTION 5: CONDITIONS OF USE OF THE SERVICE

Users shall:

  • only access and use the Website on these Terms.

Users shall not:

  • do anything which may cause (whether on purpose or not) the introduction or spread of a virus, Trojan horse, logic bombs spyware or any other programs designed to affect the operation of any computer software or hardware;
  • attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or the Service;
  • attack the Website via a denial-of-service attack or a distributed denial-of service attack;
  • act dishonestly or unprofessionally;
  • create a false identity on the Website;
  • misrepresent your current or previous positions, professional qualifications employment for, affiliation with any organisation or other accreditations;
  • use (or attempt to use) any other Users log-in details;
  • link to the Website or the Service:
    • in a way that damages Jisc's reputation or takes advantage of it;
    • in a way that suggests any form of association, approval or endorsement on Jisc's part where none exists;
    • where Jisc has withdrawn permission to link to the Website or the Service;
  • sell, rent, lease, redistribute, broadcast, publicly display, transmit, communicate, modify, sub-license or transfer or assign any part of the Website, or your rights to use the Website (under these Terms) to any third party;
  • infringe the rights of Jisc or of any other User; or
  • use the Website or the Service unlawfully or fraudulently at any time.

SECTION 6: BREACH OF THESE TERMS

Where Jisc reasonably believes or suspects that a User is in breach of these Terms (or any other terms reference herein), Jisc may take such action as it deems appropriate (at its discretion), including:

  • issuing a warning;
  • removing resources from the Website at any time, without warning;
  • closing or suspending your account at any time without notice;
  • taking legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • taking any further legal action against you; and/ or
  • disclosing such information to law enforcement authorities as we reasonably feel is necessary.

SECTION 7: OTHER JISC MATERIAL

The Website contains materials which are owned by or licensed to Jisc and which are not subject to the licensing arrangements described in Section 4 above.

Any content not explicitly licensed under these Terms or any Creative Commons licence should be assumed to be the property of Jisc. Such content will include (but is not limited to) logos and trading names (including but not limited to the Jisc trade mark), certain text, photographic and video images, sound recordings and the design, layout and appearance of and graphics contained within the Website (Jisc Materials). Jisc Materials are protected by applicable intellectual property and other laws. You agree that you will not use Jisc Materials for any purpose whatsoever, except for the use of the Website or Service as permitted under these Terms.

SECTION 8: ACCURACY OF GUIDANCE RESOURCES / WEBSITE CONTENT

Jisc may (without notice) update the Website from time to time, and may change or update the guidance and resources available on the Website at any time. The availability of the guidance and resources may vary between countries or territories and not all guidance and resources may be available in the country or territory from which you are accessing the Website.

The content on the Website (and any guidance and resources made available on the Website) may be out of date at any given time, and Jisc is under no obligation to update it.

Jisc does not guarantee that the Website, or any content on it (including any guidance and resources), will be free from errors or omissions.

Jisc is not responsible for the content of any website (whether under the control of Jisc or not) that is linked to on Website or within a resource. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us.

Jisc is not responsible for any guidance or resource made available through the Website which originates from a source other than Jisc, and does not endorse such guidance or resources.

SECTION 9: CONTINUITY OF SERVICE

Jisc does not guarantee that the Website, or any content on it, will always be available or be uninterrupted.

Access to the Website and use of the guidance and resources is permitted on a temporary basis.

Jisc will not be liable to you or to any third party if for any reason the Website is unavailable at any time or for any period.

SECTION 10: LIABILITY

To the extent permitted by law, Jisc excludes all conditions, warranties, representations or other terms which may apply to the Website or any guidance and resources made available on it, whether express or implied. In particular, Jisc excludes all conditions, warranties, representations or other terms:

  • that any guidance or resource will be of satisfactory quality or fit for purpose;
  • in respect of the suitability of any guidance or resource, or information and services contained on, or accessed via the Website;
  • in respect of the content of websites linked on the Website;
  • that any guidance or resource complies with applicable laws and regulation (including local laws which a Resource may be subject to);
  • that use of the Website or any resource will be compatible with all hardware and software;
  • that the Website/Service or any resource will be bug or virus free, or that access to the Website or any guidance or resource will be uninterrupted;
  • that the use of Website or any guidance or resource will deliver a specific outcome for Users; or
  • that defects in Website will be corrected.

If Jisc is liable to you in relation to your use of the Website for any cause whatever, and regardless of the form of the action then, unless the law says otherwise, we will only be responsible to you for loss or damage you suffer (i) that is a foreseeable result of our breach of these Terms; and (ii) up to a maximum of five hundred pounds Sterling (£500).

Nothing in these Terms excludes or limits Jisc's liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

By using the Website and the guidance and resources, each User agrees that, if Jisc suffer any losses, damages or expenses as a result of that User's use of the Website, that User will reimburse Jisc for any such losses that are incurred as a result of that User's breach of (or failure to comply with) these Terms or any resource licensing arrangements.

SECTION 11: ACCESSIBILITY

The Website’s accessibility statement is set out at:

https://digitalcapability.jisc.ac.uk/accessibility-statement/

SECTION 12: COMPLAINTS

Jisc has an internal complaints procedure. We aim to handle all complaints efficiently and quickly. If you have complaints regarding the Website or any guidance or resource, please visit https://www.jisc.ac.uk/contact/complaints-and-escalations and follow the instructions on that page.

SECTION 13: GENERAL TERMS

  • No partnership: Users acknowledge that these Terms do not create or imply any partnership, joint venture or trust relationship between Jisc and any User.
  • Entire agreement: These Terms (including the Privacy Policy) contain all the terms applicable to the use of the Website and any guidance or resources by you, and form the entire agreement between you and Jisc.
  • Invalidity/ enforceability: Each of the terms of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
  • No waiver: If Jisc fails to insist that you perform any of your obligations, or if Jisc does not enforce its rights against you, or if Jisc delays in doing so, that will not mean that Jisc has waived its rights against you and will not mean that you do not have to comply with those obligations. Any waiver would need to be given by Jisc in writing.
  • Matters outside of Jisc's control: Jisc will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms if that is caused by events outside Jisc's reasonable control, including any act, event, non-happening, omission or accident beyond our reasonable control. Some examples of such an event are:
    • Strikes, lock-outs or other industrial action;
    • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
    • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
    • Impossibility of the use of public or private telecommunications networks; or
    • The acts, decrees, legislation, regulations or restrictions of any government.

Jisc's performance under these Terms will be suspended for the period that such events set out above continues, and Jisc will have an extension of time to carry out their obligations under any contract for the duration of that period. Where possible, Jisc will use reasonable efforts to bring such event detailed above to a close or to find a solution.

  • Notices to you: These Terms and the Privacy Policy are drawn up in the English language. All written communications between you and us relating to these Terms and the Privacy Policy will be given in English. We will send any notices relating to any of the matters set out in these Terms to the email address you use to access the Website or the Service.
  • Governing law: These Terms and any dispute in relation to the materials available from the Website will be governed by laws of England and Wales.
  • Jurisdiction: The English courts have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms or use of the Website and/or Service.