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Eco-Schools’ Terms and Conditions
1. WHO WE ARE AND WHAT THESE TERMS COVER
1.1 We are Keep Britain Tidy (“we”, “us”, “our”), a company limited by guarantee with company number 03496361 and registered charity number 107173. Our registered office is at Elizabeth House, The Pier, Wigan, Lancashire, WN3 4EX.
1.2 We operate the Eco-Schools Website: https://www.eco-schools.org.uk/ (the “Eco-Schools Website”) and an associated Eco-Schools application portal: https://members.eco-schools.org.uk/ (the “Application Portal”) in connection with the Eco-Schools programme (as more particularly described in clause 1.3) (“Eco-Schools Programme”), which we are licensed to operate in England.
1.3 Information on the Eco-Schools Programme can be found via the “What is Eco-Schools” section of the Eco-Schools Website. In summary, the Eco-Schools Programme is intended to provide a simple, seven-step framework (the “Eco-Schools Seven Steps”) that education providers (“Education Provider”) can follow to empower young people to make a difference in their school, educational establishment, local community and beyond.
1.4 Where an Education Provider adopts the Eco-Schools Seven Steps in an academic year, they will be able to apply for the right to make use of the Eco-Schools green flag (as more particularly described via the Website) (the “Eco-Schools Green Flag”) via the Application Portal. If that application is successful, the Education Provider will, subject to compliance with these Terms, be licensed to use the Eco-Schools registered trade mark (UK00917163321) (the “Eco-Schools Trade Mark”) and Eco-Schools Green Flag in the following academic year and receive the other associated benefits set out in these Terms.
1.5 These Terms govern our provision of the Eco-Schools Programme and your access to, and use of, the Eco-Schools Website (in conjunction with the Website Terms of Use referred to therein: https://www.eco-schools.org.uk/terms-and-conditions/) and the Application Portal. By accessing and using the Eco-Schols Website and the Application Portal, you agree to be bound by these Terms. Where you are accessing and using the Eco-Schools Website and the Application Portal on behalf of an Education Provider, you confirm that you have authority to do so on behalf of that Education Provider. Unless the context provides otherwise, references to you and your in these Terms shall be construed as meaning the Education Provider that you act on behalf of.
1.6 Any type of pre-higher educational establishment can join the Eco-Schools Programme. This includes nurseries, primary schools, secondary schools, colleges, specialist schools and pupil referral unit. If you are unsure as to whether your Education Provider is suitable for the Eco-Schools Programme, please contact us by:
- email: eco-schools@keepbritaintidy.org;
- telephone: 07498 914635; or
- via the Application Portal.
1.7 These Terms apply to all access and use of the Eco-Schools Website and the Application Portal by you, whether or not you apply for the Eco-Schools Green Flag. Certain provisions of these Terms shall only apply if you apply for the Eco-Schools Green Flag (by way of example, clauses 3, 4 and 5).
2. REGISTRATION
2.1 It is possible to access some parts of the Eco-Schools Website and content relating to the Eco-Schools Programme (“Programme Materials”) without creating an account via the Application Portal (“Account”).
2.2 Where you wish to participate in the Eco-Schools Programme and apply for the Eco-Schools Green Flag, you must register for an Account on behalf of your Education Provider via Application Portal.
2.3 By registering for an account to access and use the Application Potral (hereafter, the “Account”), you confirm to us that you have the requisite authority to do so on behalf of the Education Provider that you represent. During the registration process, you must also provide us with your full name, email address and role at the Education Provider. You confirm that this information will be full, true, accurate and complete in every respect.
2.4 We aim to approve your Account within one business day of our receipt of your registration; however, this is an estimate only and time shall not be of the essence for our approval. We reserve the right to reject any Account registration for any reason, including where there is a failure to provide the information requested under clause 2.3 or due to any suspected failure to comply with these Terms.
2.5 When registering for an Account, you will be provided with a username and be required to select a secure password, which we recommend you change on a regular basis in order to ensure its confidentiality. You may not share your username or password with any third party (including any other individual at your Education Provider) without our prior written consent.
2.6 Your Education Provider may replace you in the role of “Eco-Coordinator” from time-to-time via the “Users” administration section of the Application Portal. It is also possible for you to add additional users to the Account via this function, provided that they are also staff members of the Education Provider you represent. All third parties that are granted access to the Account (and those which otherwise access the Website) shall be responsible for complying with these Terms on behalf of your Education Provider. We reserve the right to request that any replacement and/or additional user provides us with the information set out in clause 2.3 before granting them access to the Account.
3. ECO-SCHOOLS GREEN FLAG APPLICATION
3.1 Subject to our approval of your application for an Account, you will be granted full access to the Application Portal and your Education Provider may commence its delivery of the Eco-Schools Programme.
3.2 As your Education Provider progresses through the Programme during each academic year, you will be able to upload data, information and materials (“Your Materials”) to the Application Portal to demonstrate your completion of the Eco-Schools Programme and the Eco-Schools Seven Steps in that academic year. Your Materials will form the basis of your Education Provider’s application (the “Application”) for the Eco-Schools Green Flag at the end of each academic year. Guidance on how to complete the Application can be found via the FAQs section of the Eco-Schools Website.
3.3 Unless we state otherwise on the Website or in writing to you, the window to submit an Application opens on 01 May and ends on 31 July each year. If you fail to meet this deadline, any progress you have made towards the Application can be counted towards an Application in the following year.
4. APPLICATION FEES AND PAYMENT
4.1 Access to the Eco-Schools Website, Application Portal and associated Programme Materials is provided on a free-of-charge basis.
4.2 The submission of an Application is accompanied by a £200 fee (“Application Fee”), which is exclusive of value added tax (“VAT”). The Application Fee (together with VAT) must be paid via the payment gateway on the Application Portal prior to the submission of each Application. The basis on which the Application Fee has been calculated can be found on the About section of the Eco-Schools Website.
4.3 We will not fully accredit your Application until the accompanying Application Fee has been paid.
4.4 All Application Fees are non-refundable. This includes where an Application is unsuccessful.
5. APPLICATION RESULTS
5.1 All Applications will be reviewed by one of our assessors (each of whom we confirm have full DBS clearance) alongside the Eco-Schools Seven Steps. We acknowledge that each Education Provider’s circumstances are different and, therefore, try to be as flexible and accommodating as possible when assessing each Application.
5.2 We will aim to provide you with results, feedback and next steps on each Application within three weeks of our receipt of it. However, this date is an estimate only and time is not of the essence for us to carry out our review.
5.3 The main benefit that is associated with a successful Application is that the Education Provider will be able to demonstrate that it has completed the Eco-Schools Programme in the academic year in question. In addition, each Education Provider that submits a successful Application will be entitled to receive the right to use the Eco-Schools registered trade mark and fly the Eco-Schools Green Flag at the Education Provider, both strictly in accordance with clause 8.
6. YOUR GENERAL OBLIGATIONS
6.1 You agree (on your own behalf and on behalf of the Education Provider you represent) that you shall:
(a) comply with all applicable laws and regulations with respect to the activities your Education Provider will carry out in connection with the Eco-Schools Programme;
(b) not access, store, distribute or transmit any viruses, or any material during the course of your use of the Eco-Schools Website and Application Portal that:
(i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(ii) facilitates illegal activity;
(iii) depicts sexually explicit images;
(iv) promotes unlawful violence;
(v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
(vi) is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, without prejudice to our other rights or remedies, to disable Account access where there is a breach of this clause;
(c) not, except as may be allowed by any applicable law which is incapable of exclusion by agreement or otherwise as is permitted by these Terms:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Programme Content (which includes, for the purposes of this clause, the Eco-Schools Website and Application Portal) in any form or media or by any means; or
(ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of any software comprising the Website and/or Portal;
(d) not access all or any part of the Eco-Schools Website, Application Portal or Programme Content to provide a product or service which competes with the Eco-Schools Programme;
(e) not use the Eco-Schools Website, Application Portal or Programme Content to provide services to third parties;
(f) not licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make available the Application Portal and/or Programme Content to any third party that you are not permitted to do so under these Terms;
(g) attempt to obtain, or assist third parties in obtaining, access to the Programme Content other than as provided in these Terms; and
(h) not introduce or permit the introduction of any virus or vulnerability into the Eco-Schools Website, Application Portal or our network and information systems.
6.2 You agree to use all reasonable endeavours to prevent any unauthorised access to, or use of, the Eco-Schools Website, Application Portal and the Programme Content (which includes unauthorised use by the Education Provider you represent) and, in the case if any such unauthorised use, promptly notify us.
7. WEBSITE AVAILABILITY
7.1 We do not warrant that:
(a) your use of the Eco-Schools Website and Application Portal will be uninterrupted or error-free;
(b) that the Eco-Schools Programme and associated Programme Content will meet your requirements; or
(c) the Eco-Schools Website and Application Portal will be free from vulnerabilities or viruses, and the Eco-Schools Website and Application Portal are otherwise provided on an “as is” basis.
7.2 We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Website, Portal and Programme Content may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 You must maintain copies of Your Materials that are input into the Eco-Schools Website and /or the Application Portal. We have in place appropriate technical and organisational measures to protect against loss of data, including the ability to restore availability and access to data in a timely manner but we do not make any guarantee that there will be no loss of data.
8. INTELLECTUAL PROPERTY RIGHTS
Definition
8.1 For the purposes of this clause, Intellectual Property Rights means: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Our Intellectual Property Rights
8.2 You acknowledge and agree that we and/or our licensors own all Intellectual Property Rights in the Eco-Schools Website, Application Portal, Programme Content and those Intellectual Property Rights otherwise that subsist in connection with the Eco-Schools Programme. Save as is set out in this clause 8, your participation in the Eco-Schools Programme does not grant you any rights to, under or in, such Intellectual Property Rights, or any other rights or licences in respect of the Eco-Schools Programme.
Use of the Eco-Schools Website without an Account
8.3 You may print off one copy or download any Programme Content that is made available on the Eco-Schools Website for download and you may draw the attention of others within the Education Provider that you represent to such Programme Content.
8.4 You must not modify the paper or digital copies of any Programme Content that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.5 Our status (and that of any identified contributors) as the authors of the Programme Content must always be acknowledged (except where the content is user-generated).
8.6 You must not use any part of the Programme Content for commercial purposes without obtaining a licence to do so from us or our licensors.
8.7 If you print off, copy, download, share or repost any part of our Programme Content in breach of these Terms, your right to use such Programme Content (and, consequently, our Eco-Schools Website) will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Use of the Eco-Schools Website and Application Portal with an Account
8.8 We hereby grant to your Education Provider a royalty-free, personal, non-exclusive, non-transferrable and non-sublicensable licence to copy and use the Programme Content for the sole purposes of implementing the Eco-Schools Programme and the preparation and submission of Application(s).
8.9 For the avoidance of doubt, the licence granted under clause 8.8 does not grant a licence to use the Eco-Schools registered trade mark (the grant of which is dealt with under clause 8.10), or any other trade or service mark belonging to us or our licensors.
Use of the Eco-Schools Trade Mark
8.10 Where your Education Provider’s Application is successful in accordance with clause 5, in consideration of the payment of the Application Fees, we hereby grant to your Education Provider a personal, non-exclusive, non-transferrable and non-sublicensable licence to:
(a) use the registered Eco-Schools Trade Mark to promote your Education Provider’s completion of the Eco-Schools Programme; and
(b) fly, mount or otherwise present the Eco-Schools Green Flag at the premises of your Education Provider.
8.11 Our licence to you under clause 8.10 shall be granted from the date on which we provide you with a digital version of the Eco-Schools Trade Mark and shall expire on 01 September of the following year (“Expiry Date”).
8.12 Should your Education Provider wish to continue to use the rights set out in clause 8.10 following the Expiry Date, it shall be required to submit an additional Application. The reasoning for this requirement can be found via the FAQs section of the Eco-Schools Website.
8.13 We provide no warranty or assurance that your exercise of the rights granted under clause 8.10 will not infringe the rights (including, without limitation, Intellectual Property Rights) of any third party.
Your Intellectual Property Rights
8.14 We acknowledge and agree that you own all Intellectual Property Rights in Your Content.
8.15 By uploading Your Content on the Application Portal, you hereby grant us a non-exclusive, perpetual, transferrable, sub-licensable, royalty-free and worldwide right to reproduce, modify, adapt and use Your Content in connection with our provision (and third-party provision in other countries) of the Eco-Schools Programme.
8.16 You confirm that use of Your Content in accordance with clause 8.15 will not infringe the rights (including, without limitation, Intellectual Property Rights) of any third party.
8.17 To the extent Your Content is subject to Data Protection Laws (as defined in clause 11.2), we shall not disclose any of Your Content in contravention of Data Protection Laws and will, where necessary to do so, seek consent prior to make any disclosures of personal data.
9. LIMITATION OF LIABILITY
9.1 For the purposes of this clause 9, Losses means “actions, awards, charges, claims, compensation, costs, damages, demands, expenses, fees, fines, interest, liabilities, losses, penalties, proceedings and settlements”.
9.2 Nothing in this Terms shall limit or exclude either party’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful to exclude or restrict liability.
9.2 Subject to clause 9.2:
(a) we shall not under any circumstances whatsoever be liable to you or the Education Provider that you represent, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
(i)loss of profit;
(ii) loss of goodwill;
(iii) loss of business;
(iv) loss of business opportunity;
(v) loss of anticipated saving;
(vi) loss or corruption of data or information; or
(vii) any indirect, special or consequential Loss, that arises under or in connection with these Terms and your engagement with the Eco-Schools Programme; and
(b) our total liability to you and the Education Provider that you represent in respect of all other Losses arising under or in connection with these Terms and your engagement with the Eco-Schools Programme, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total Application Fees paid by you to us.
9.4 Subject to clause 9.2, whilst we will perform our obligations in connection with these Terms with reasonable skill and care and ensure that the Eco-Schools Green Flag and associated plaque that we supply to you is of a satisfactory quality, we do not warrant or provide any assurances that your engagement with the Eco-Schools Programme will achieve any particular result and, consequently, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted, excluded from these Terms.
10. TERMINATION
10.1 Without affecting any other right or remedy available to us, we may terminate your right to access the Eco-Schools Website and Application Portal, and your right to use the Eco-Schools Trade Mark and Eco-Schools Green Flag, in the following circumstances:
(a) you commit a material breach of these Terms and (if such breach is remediable) fail to remedy that breach within a period of 5 days after being notified in writing to do so;
(b) in our reasonable opinion you fail to act in a manner that aligns with the spirit of the Eco-Schools Progamme (illustrative examples of such conduct can be found on our Eco-Schools Website); and
(c) we are no longer licensed to operate the Eco-Schools Programme in England.
10.2 Where the contractual relationship between your Education Provider and us comes to an end (whether in accordance with clause 8.11, clause 10.1 or otherwise):
(a) your right to use the Eco-Schools Trade Mark and represent yourself as conforming to the Eco-Schools Programme shall immediately terminate; and
(b) any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination shall not be affected or prejudiced.
11. DATA PROTECTION
11.1 All personal data relating to you, your Education Provider and Your Content which is submitted to the Website and/or Poral will be used in accordance with our Privacy Policy at: Privacy Policy | Keep Britain Tidy.
11.2 We acknowledge that the factual arrangement between us dictates the role of each party in respect of our obligations under the UK General Data Protection Regulation and the Data Protection Act 2018 (“Data Protection Laws”). Notwithstanding the foregoing, we anticipate that each party shall be a controller (as defined by the Data Protection Laws) for personal data relating to you, your Education Provider and Your Content.
11.3 Both parties agree to comply with the Data Protection Laws in relation to all personal data submitted to the Website and/or Portal.
11.4 By uploading Your Content to the Eco-Schools Website and/or Application Portal, you warrant that you have all necessary notices and consents and lawful bases in place to enable lawful transfer of all personal data to the Eco-Schools Website and/or Application Portal.
11.5 In relation to all personal data relating to you, your Education Provider and Your Content we shall:
(a) only process personal data for the purposes of managing the Eco Schools Programme;
(b) ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
(c) provide you with reasonable assistance in complying with any data subject rights request;
(d) notify you without undue delay on becoming aware of a breach of the Data Protection Laws;
(e) not transfer any personal data outside the UK or EEA unless the we ensure that (i) the transfer is to a country approved under the Data Protection Laws as providing adequate protection; or (ii) there are appropriate safeguards in place pursuant to the Data Protection Laws; or (iii) we otherwise comply with its obligations under the Data Protection Laws by providing an adequate level of protection to any personal data that is transferred; or (iv) one of the derogations for specific situations in the Data Protection Laws applies to the transfer; and
(f) ensure that any processors are subject to written contractual obligations as required by the Data Protection Laws.
12. GENERAL
12.1 Force Majeure. We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from an event outside of our reasonable control.
12.2 Notices.
(a) Any notice or other communication given to a party under or in connection with these Terms shall be in writing and shall be:
(i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(ii) sent by email to contact details specified in clause 1.6(a) (in the case of us) or as may be notified to us (in the case of you).
(b) This clause does not apply to service of any proceedings or other documents in any legal action, or where applicable, any arbitration or other method of dispute resolution.
12.3 Assignment and other dealings. We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with (Transfer) any or all of our rights and obligations under these Terms. You shall not Transfer any or all of your rights and obligations under these Terms without our prior written consent.
12.4 Entire agreement.
(a) These Terms and the documents referred to in them constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter.
(b) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
12.5 Variation. We amend these Terms from time to time. Every time you wish to use the Eco-Schools Website and the Application Portal, please check these terms to ensure you understand the terms that apply at that time. Notwithstanding the foregoing, where we have granted you a licence to use the Eco-Schools Trade Mark and the Eco-Schools Green Flag in accordance with clause 8.10, any amendment to these Terms (which may include an increase to the Application Fees) shall only be effective following the Expiry Date and any subsequent Application that you submit.
12.6 Waiver. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.7 Severance. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
12.8 Third party rights. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.
12.9 Governing law. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter or the formation of any contract contemplated under them, shall be governed by and construed in accordance with the law of England and Wales.
12.10 Jurisdiction. Both you and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms, their subject matter or the formation of any contract contemplated under them.
