Please read these terms carefully before using the National Numeracy (NN) Challenge Online website www.nnchallenge.org.uk (“NN Challenge Online Site”).

These terms of use (together with the documents referred to in them) tell you the terms under which you may make use of the NN Challenge Online Site, whether as a guest or a registered user. Use of the NN Challenge Online Site includes accessing, browsing, or registering.

These terms take effect immediately on your first use of the NN Challenge Online Site and will apply each time you subsequently use the site from whatever device or location. By using the NN Challenge Online Site, you confirm that you accept these terms of use and that you agree to comply with them and, further, if you are under 18, that you have the consent of your parent or guardian to use the NN Challenge Online.

If you (or your parent or guardian if you are under 18) do not agree to these terms of use, you must not use the NN Challenge Online Site.

Any licensed or third party learning resource or service to which you are directed and with which you link as a result of accessing the NN Challenge Online Site will have its own specific terms and conditions which must be adhered to and which apply in addition to the terms of this agreement. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

If an ‘intermediary’ (for example your employer, educational institution, community centre or library) or any other enterprise is providing your access to the NN Challenge Online, they will not be acting in the capacity of an agent for National Numeracy and you must only use the NN Challenge Online for as long as that intermediary permits you.

You should be aware that National Numeracy is not an internet service provider and therefore it is your responsibility to appropriately manage your on-line internet access and to ensure that you have the software (and level of skill) required for email and web usage.

We have tried to make these terms and conditions as straightforward and easy to read as possible. If you have any comments or questions, please email us at support@nnchallenge.co.uk or telephone 01273 900 298.

1. Provision of the National Numeracy Challenge Online

1.1 The NN Challenge Online is owned and operated by National Numeracy, a company limited by guarantee and registered in England under company No: 7886294 and Charity No: 1145669, whose registered office is at Phoenix House, 32-33 North St., Lewes, East Sussex BN7 2QJ (“National Numeracy”).

1.2 The NN Challenge Online is intended for use by the general public, individuals recruited directly by National Numeracy, “partners” such as employers, educational institutions and outreach organisations, the teaching and learning staff or volunteers employed or contracted to these organisations along with the employees, students, learners, volunteers or apprentices who are studying at these organisations.

2. Limited Rights to Use the National Numeracy Challenge Online

2.1 National Numeracy is the owner or the licensee of all intellectual property rights in the NN Challenge Online Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Notwithstanding you may retrieve and display the content on a computer screen, print off one copy of individual pages on paper and store such pages in electronic form (but not on any server or other storage device connected to an external network) for your own personal, educational and non-commercial purposes.

2.2 You may not (without prior written permission from National Numeracy) redistribute any of the content or supply it to other people (including by using it as part of any library, archive or similar service); remove the copyright or trade mark notice from any copies of content made under this agreement; create a database in electronic or structured manual form by systematically downloading and storing any of the content; except as expressly set out above, modify, reproduce or in any way commercially exploit any of the content of the NN Challenge Online Site.

2.3 You must not modify the paper or digital copies of any materials 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. The status of National Numeracy (and that of any identified contributors) as the authors of content on the NN Challenge Online Site must always be acknowledged. If you print off, copy or download any part of the NN Challenge Online Site in breach of these terms of use, your right to use the NN Challenge Online Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

2.4 Where you use the NN Challenge Online outside the limits described herein, National Numeracy will be entitled to claim damages if that use persists without lawful good cause outside of these terms and conditions.

2.5 National Numeracy reserves the right to introduce an agreement at any stage which may involve the payment of an on-going service charge. Any Intermediary or Partner wishing to use the Challenge Online will, of course, have an opportunity to agree or decline participation with any such new terms.

2.6 National Numeracy does reserve the right to suspend or terminate your access and use of the NN Challenge Online at any time if it knows or reasonably suspects you have breached these terms. Furthermore, National Numeracy reserves the right to suspend or terminate your access and use of the NN Challenge Online at any time, with or without notice.

3. Privacy and Data Protection

3.1 National Numeracy is committed to protecting and respecting your privacy. National Numeracy is required to inform you of the basis on which any personal data National Numeracy may gather from you, or you may provide to National Numeracy will be processed by National Numeracy. Personal data means information which is capable of identifying a living person. For the purposes of the Data Protection Act 1998 (Act) the data controller is National Numeracy of Phoenix House, 32-33 North St., Lewes, East Sussex BN7 2QJ.

3.2 National Numeracy may collect and process the following data from you:
• Name and email address
• Postcode, age and gender
• Data from assessments taken in the NN Challenge Online’s
• Correspondence between you and us
• Other information from your interaction with the NN Challenge Online, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the NN Challenge Online, ad data, IP address and web log information

3.3 All data (which include or constitute personal data) will be collected, processed, stored and used by us, and passed to and processed by our affiliated companies and other data processors acting under contract with us to provide and promote the NN Challenge Online, to provide customer support and for other purposes referred to in this condition 3. In particular, if you register on the Challenge Online by using an organisation’s ‘access code’ (eg: your employer or college), on request from that organisation, National Numeracy may also make your data available to that organisation, so that they can use it to help them to support you in improving your numeracy. It is possible that some of the computer systems and companies that process your data on our behalf may be based in countries outside the European Union (“EU”). You agree by submitting data to us that any such data may be so transferred, made available, stored or processed. National Numeracy will take all steps reasonably necessary to ensure that personal data is treated securely and in accordance with the provisions of the Act.

3.4 National Numeracy takes appropriate technical and organisational measures to guard against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. While no computer system is completely secure, National Numeracy takes all reasonable endeavours to ensure security measures are in place to protect you. You should however be aware that it remains your responsibility to ensure no-one else uses the NN Challenge Online whilst your machine is "logged on" to the NN Challenge Online, to log off or exit from the NN Challenge Online when not using it and to keep your access details secret. Particular care should be taken if you are accessing the NN Challenge Online from a computer that is publicly available for use, e.g. a computer in a library or similar.

3.5 National Numeracy will retain any personal data only as long as is necessary for the purposes to which you consent under these terms, or as is required by applicable law, and National Numeracy will then delete it. Any personal data may be disclosed if National Numeracy or an entity processing personal data on its behalf is compelled to do so by law, or receives a valid, legally compliant request by a law enforcement or governmental authority.

3.6 If you have any questions about the handling or protection of personal data, an enquiry should be emailed to support@nnchallenge.org.uk.

3.7 The NN Challenge Online contains links to external service and resources, either directly or through frames and, where possible, National Numeracy will make clear where such links are being made. National Numeracy takes great care to only partner with reliable legitimate service providers. Where independent third parties provide these services National Numeracy is not responsible and shall not be held liable for the availability or content of these outside resources. Any external learning resource websites you visit have their own privacy policies. We advise you to review the privacy policies of websites before providing them with any of your personal information.

3.8 By providing your email address, you agree to allow National Numeracy to send you emails about your progress on the NN Challenge Online. National Numeracy will not send marketing materials. National Numeracy may send you important emails concerning your use of the NN Challenge Online. Save as set out in condition 3.3 National Numeracy will not share your email address with third parties or use this for marketing purposes other than information relating specifically to the NN Challenge Online. You can exercise your right to prevent such processing by contacting us at support@nnchallenge.org.uk.

4. Cookies

4.1 Cookies are small files which, depending on your browser settings, may be automatically stored on your computer or other device's hard drive when your Web browser accesses a specific Web page. Each file consists of a small piece of text and is linked to the website it relates to. Most websites you visit use cookies in order to improve your user experience by enabling that website to ‘remember’ you, either for the duration of your visit (using a ‘session cookie’) or for repeat visits (using a ‘persistent cookie’). Cookies do lots of different jobs, like letting you navigate between pages efficiently, storing your preferences, and generally improving your experience of a website - cookies make the interaction between you and the website faster and easier. If a website doesn’t use cookies, it will think you are a new visitor every time you move to a new page on the site – for example, when you enter your log-in details and move to another page it won’t recognise you and it won’t be able to keep you logged in. Cookies may be set by the website you are visiting (‘first party cookies’) or they may be set by other websites who run content on the page you are viewing (‘third party cookies’).

4.2 Some people find the idea of a website storing information on their computer or mobile device a bit intrusive, particularly when this information is stored and used by a third party without them knowing. Although this is generally quite harmless you may not, for example, want to see advertising that has been targeted to your interests. If you prefer, it is possible to block some or all cookies, or even to delete cookies that have already been set; but you need to be aware that you might lose some functions of that website.

4.3 The Challenge Online uses two ‘persistent cookies’, one cookie to register that you have visited the site and one to record information about your visit - such as the web browser that you are using and which pages you are visiting. We use this information to ensure the site works for our different users' browsers. These cookies are ‘optional’. See http://www.allaboutcookies.org/cookies/persistent-cookies-used-for.html for more detail about ‘persistent cookies’.

4.4 We also use ‘session cookies’ when you log in to our site. These cookies are used to keep you logged in as you move through the site. These cookies are ‘strictly necessary’. If you disable ‘session cookies’ for our site then you will not be able to log-in. These session cookies also allow Google Analytics to track the numbers of people visiting different pages in the site. See http://www.allaboutcookies.org/cookies/session-cookies-used-for.html for more detail about ‘session cookies’.

4.5 Any licensed or third party learning resource or service to which you are directed and with which you link as a result of accessing the NN Challenge Online Site may use cookies which apply in addition to the terms of this agreement. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

4.6 You can find out how to manage cookies, and to make the changes to your browser at this site: http://www.aboutcookies.org/Default.aspx?page=1

5. Third Party Material

5.1 If any third party sites are linked to from the NN Challenge Online; this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.

5.2 You may see advertising material submitted by third parties on the NN Challenge Online. Individual advertisers are solely responsible for the content of advertising material which they submit, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

6. Participation and Interaction

6.1 The NN Challenge Online may include public areas that allow feedback to National Numeracy and interaction between users. The opinions, advice and statements contained in messages posted are those of the Users and not National Numeracy. National Numeracy reserves the right to delete, move and edit any material submitted. You are solely responsible for the material you submit and by submitting any material you agree that you will not submit any material that: advertises or promotes any goods or services; reveals any confidential or sensitive information; contains or links to any unlawful, threatening, abusive, libellous, indecent or otherwise illegal material; contains any material which you do not have permission to use (including material which may be protected by copyright, trade-marks, database right or any other form of intellectual property right); contains viruses or any other components with harmful or contaminating properties which may affect the NN Challenge Online or any equipment connected to it; or disguises your identity or impersonates any person.

6.2 Where you are invited to submit any contribution to the NN Challenge Online (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant National Numeracy a perpetual, royalty-free, non-exclusive, sub-licensable right to use, reproduce, modify and distribute your contribution worldwide in any media. If you do not want to grant National Numeracy the rights set out above, please do not submit your contribution. Furthermore you waive your moral rights in relation to any such material.

6.3 The NN Challenge Online may contain material submitted by users over whom National Numeracy has no control. National Numeracy cannot guarantee the accuracy, integrity or quality of any such material.

6.4 Copyright in any software that is made available for download for the participation in the NN Challenge Online belongs to National Numeracy or its suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software.

7. Access, no reliance on information and viruses

7.1 National Numeracy does not guarantee that the NN Challenge Online Site, or any content on it, will always be available or be uninterrupted. Access to the NN Challenge Online Site is permitted on a temporary basis. National Numeracy may suspend, withdraw, discontinue or change all or any part of the NN Challenge Online Site without notice. National Numeracy will not be liable to you if for any reason the NN Challenge Online Site is unavailable at any time or for any period.

7.2 You are responsible for making all arrangements necessary for you to have access to the NN Challenge Online Site. You are also responsible for ensuring that all persons who access the NN Challenge Online Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7.3 The content on the NN Challenge Online Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the NN Challenge Online Site. Although National Numeracy makes reasonable efforts to update the information on the NN Challenge Online Site, it makes no representations, warranties or guarantees, whether express or implied, that the content on the NN Challenge Online Site is accurate, complete or up-to-date.

7.4 National Numeracy does not guarantee that the NN Challenge Online Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the NN Challenge Online Site. You should use your own virus protection software.

7.5 You must not misuse the NN Challenge Online Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the NN Challenge Online Site, the server on which the NN Challenge Online Site is stored or any server, computer or database connected to the NN Challenge Online Site. You must not attack the NN Challenge Online Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. National Numeracy will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the NN Challenge Online Site will cease immediately.

8. Limitation of Liability

8.1 Nothing in these terms of use excludes or limits National Numeracy’s liability for death or personal injury arising from its negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

8.2 To the extent permitted by law, National Numeracy excludes all conditions, warranties, representations or other terms which may apply to NN Challenge Online Site or any content on it, whether express or implied.

8.3 National Numeracy will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

8.3.1 use of, or inability to use, NN Challenge Online Site; or
8.3.2 use of or reliance on any content displayed on NN Challenge Online Site.

8.4 If you are a business user, please note that in particular, National Numeracy will not be liable for:

8.4.1 loss of profits, sales, business, or revenue;
8.4.2 business interruption;
8.4.3 loss of anticipated savings;
8.4.4 loss of business opportunity, goodwill or reputation; or
8.4.5 any indirect or consequential loss or damage.

8.5 If you are a consumer user, please note that we only provide the NN Challenge Online Site for domestic and private use. You agree not to use the NN Challenge Online Site for any commercial or business purposes, and National Numeracy shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.6 National Numeracy will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

8.7 National Numeracy assumes no responsibility for the content of websites linked to the NN Challenge Online Site. Such links should not be interpreted as endorsement by National Numeracy of those linked websites. National Numeracy will not be liable for any loss or damage that may arise from your use of them.

 

9. Changes to the NN Challenge Online

9.1 National Numeracy is continually seeking to improve the NN Challenge Online. We reserve the right, at our absolute discretion, to make changes to any part of the NN Challenge Online at any time we may feel appropriate.

9.2 National Numeracy may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

10. General

10.1 You may not transfer any of your rights under these terms to any other person.

10.2 If you breach this Agreement and National Numeracy chooses not to take immediate action, it will still be entitled to use its rights and remedies at a later date or in any other situation where you breach this Agreement.

10.3 A person who is not party to this Agreement shall have no right to enforce any of its terms.

10.4 We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so under English law within the United Kingdom.

10.5 Headings within these terms are for convenience only and will have no legal meaning or effect.

10.6 If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and National Numeracy both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. You and National Numeracy both agree to the exclusive jurisdiction of the courts of England and Wales.