Terms and conditions
If you do not agree to these Terms and Conditions, please do not use this Service.
This page together with the documents referred to on it (“Website User Terms”) contain the terms and conditions by which you may use Jisc’s Building digital capability website (hereafter referred to as “Digital Capability”) and the online discovery tool, guidance, videos or assessments available on Digital Capability (“Resources”).
By using Digital Capability in any way, you agree to be bound by these Website User Terms, which shall take effect immediately upon your first use of Digital Capability. Use of Digital Capability includes, accessing and using the discovery tool and guidance provided, browsing the website, registering to use Digital Capability and (if applicable) purchasing from and uploading content to Digital Capability. If you do not agree to these Website User Terms, you must not use Digital Capability.
SECTION 1: GENERAL
- How these Website User Terms apply: These Website User Terms apply to the service we provide to you constituted by Jisc’s Building Digital Capability, the Resources and the application programme interface.
- About Jisc: Digital Capability is operated by Jisc, a private limited company limited by guarantee registered in England with company number 05747339 and having its registered address at One Castlepark, Tower Hill, Bristol, BS2 0JA ("Jisc").
- About the Digital Capability:
Jisc’s Building digital capability service provides:
- Our Discovery tool, an empowering first step for staff and students to reflect on their digital Capability. It will help them identify current strengths and areas for development. On completion, your staff and students will receive a personalised report with suggested next steps and links to free resources that can help them develop further. And new this year, you can add your own training resources.
- For leaders, our organisational models set out what a digitally capable organisation might look like, and provide a step by step approach to help you wherever you are on your journey. Data dashboards provide a picture of how your staff and students feel about their digital skills and where further training may be beneficial.
- Our service website helps you to find practical advice and guidance, whether you are interested in your own (or your students) development, are supporting others or are leading change.
- Our community of practice is the place for staff and leaders to share experiences and spark ideas. Subscribing to the service will provide you with 2 priority places per organisation at each of our twice yearly events.
- If you’re looking for more, our range of discounted training courses take you further and provide the support that you and your staff might need
- We also offer expert consultancy to help you achieve your goals.
- Viruses: Jisc cannot guarantee that Digital Capability or the Resources available through it are virus / bug free and Jisc advises that you use up-to-date virus protection software.
SECTION 2: USERS
Access to the Digital Capability is made available free of charge. Any individual who accesses Digital Capability is a Digital Capability user (a "User"). There are two types of Users:
- An “Ordinary User” is a user anywhere in the world who accesses Digital Capability 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 Website User Terms.
- A “Registered User” is an individual who is affiliated with an organisation that has entered into a Digital Capability Subscription Agreement with Jisc, and has registered as a User by following the steps set out in Section 3. A Registered User can browse, view and use all of the Resources in accordance with these Website User Terms.
SECTION 3: BECOMING A REGISTERED USER
- 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 Digital Capability. You will become a Registered User upon the first use of your AMF Credentials to log in to Digital Capability.
- 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 Digital Capability or any Resource 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 DIGITAL CAPABILITY SERVICE
- only access and use Digital Capability and the Resources on the terms set out in these Website User 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 Digital Capability, the server on which the Digital Capability is stored or any server, computer or database connected to Digital Capability;
- attack Digital Capability via a denial-of-service attack or a distributed denial-of service attack;
- act dishonestly or unprofessionally;
- create a false identity on Digital Capability;
- 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 Digital Capability:
- 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 Digital Capability;
- sell, rent, lease, redistribute, broadcast, publicly display, transmit, communicate, modify, sub-license or transfer or assign any part of Digital Capability or any Resource, or your rights to Digital Capability (under these Website User Terms) or any Resource to any third party;
- infringe the rights of Jisc or of any other User; or
- use Digital Capability unlawfully or fraudulently at any time.
SECTION 6: BREACH OF THESE WEBSITE USER TERMS
Where Jisc reasonably believes or suspects that a User is in breach of these Website User 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 Digital Capability 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
Digital Capability 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 Website User 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 Digital Capability ("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 Digital Capability and Resources as permitted under these Website User Terms.
SECTION 8: ACCURACY OF RESOURCES / DIGITAL CAPABILITY CONTENT
Jisc may (without notice) update Digital Capability from time to time, and may change or update the Resources available on Digital Capability at any time. The availability of Resources may vary between countries or territories and not all Resources may be available in the country or territory from which you are accessing Digital Capability.
The content on Digital Capability (and any Resources made available on Digital Capability) may be out of date at any given time, and Jisc is under no obligation to update it.
Jisc does not guarantee that Digital Capability, or any content on it (including any Resources made available on Digital Capability), 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 Digital Capability 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 Resources made available through Digital Capability which originates from a source other than Jisc, and does not endorse such Resources.
SECTION 9: CONTINUITY OF SERVICE
Jisc does not guarantee that Digital Capability, or any content or Resource on it, will always be available or be uninterrupted.
Access to Digital Capability and use of the Resources is permitted on a temporary basis.
Jisc will not be liable to you or to any third party if for any reason Digital Capability is unavailable at any time or for any period.
SECTION 10: LIABILITY
Jisc will provide Digital Capability and the Resources with reasonable skill and care. To the extent permitted by law, Jisc excludes all conditions, warranties, representations or other terms which may apply to Digital Capability or any Resource made available on it, whether express or implied. In particular, Jisc excludes all conditions, warranties, representations or other terms:
If Jisc is liable to you in relation to Digital Capability 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 Website User Terms; and (ii) up to a maximum of five hundred pounds Sterling (£500).
Nothing in these Website User 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 Digital Capability, each User agrees that, if Jisc suffer any losses, damages or expenses as a result of that User's use of Digital Capability or a Resource, 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 Website User Terms or any Resource licensing arrangements.
SECTION 11: COMPLAINTS
Jisc has an internal complaints procedure. We aim to handle all complaints efficiently and quickly. If you have complaints regarding Digital Capability or any Resource, please visit https://www.jisc.ac.uk/contact/complaints-and-escalations and follow the instructions on that page.
SECTION 12: GENERAL TERMS
- No partnership: Users acknowledge that these Website User Terms do not create or imply any partnership, joint venture or trust relationship between Jisc and any User.
- Invalidity/ enforceability: Each of the terms of these Website User 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 Website User 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 Website User 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.
- Governing law: These Website User Terms and any dispute in relation to the materials available from Digital Capability 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 Website User Terms or use of Digital Capability.