Terms and conditions of use
Use of this OEA website and the online sites attached to it (lost OEs, Find an OE and event booking) is conditional on your acceptance of these Terms and Conditions. If you do not agree to comply with these Terms and Conditions, you must leave this website and make no further use of it.
In these Terms and Conditions:
1. "OEA website" means the Old Edwardian Association intranet and extranet site and the home and sub-domain pages of the School website - www.kes.org.uk.
2. "We" or "Development & OEA Office" means the Development and OEA Office of King Edward's School, Edgbaston Park Road, Birmingham, B5 7UU.
3. "Terms and Conditions" means these terms and conditions of use for the OEA Webpages, as amended from time to time;
4. "School" means King Edward's School, Edgbaston Park Road, Birmingham, B5 7UU.
5. "School community" means the students and staff of the School.
6. "OEA" means Old Edwardian Association, King Edward's School, Edgbaston Park Road, Birmingham, B5 7UU.
7. "OEA community" means:
(i) Those defined as "Members" of the Old Edwardians Association by the Development & OEA Office including alumni, staff, ex-staff and those given honourable or lifetime membership of the OEA; and
(ii) any other persons who are connected with the Old Edwardian Association or School at any given time and who are authorised to access the website.
1. The Terms and Conditions set out general principles for acceptable behaviour in connection with your use of the OEA website. To the extent that these Terms and Conditions do not address a particular aspect of the OEA website usage, you must act in such a way as to:
i) maintain and build trust within the OEA community;
ii) respect the privacy of members of the OEA community;
iii) observe the confidentiality of information and materials supplied on the OEA website; and
iv) maintain and increase the respect in which the School and Old Edwardian Association is held both within and outside the OEA and School communities.
Use of the OEA website - permitted uses
1. You may only browse, download, view, print, copy onto the hard disk of your computer and otherwise access and/or use all material on the OEA website:
i) if you are a member of the OEA community; and
ii) provided that you do so:
(a) in good faith; and
(b) in accordance with these Terms and Conditions; and
iii) for the following purposes only:
(a) your own personal informational, educational and/or collaborative purposes; and/or
(b) your own personal commercial and/or business purposes in so far as this use is permitted by these Terms and Conditions.
(c) Any other type of use requires our prior written agreement.
Use of the OEA website - prohibitions
1. When using the OEA website, you must not:
(i) post, upload, email or otherwise transmit any material, the publication, dissemination, use or possession of which:
(a) infringes the rights of any person or which is unlawful in any other respect (including but not limited to inciting racial hatred); or
(b) is abusive to any other member of the School or OEA community, defamatory or obscene; or
(c) will harass, distress or inconvenience any member of the School or OEA community or which might unreasonably restrict or inhibit the use and enjoyment of the OEA website by any member of the OEA community;
(ii) post, upload, email or otherwise transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation, save as explicitly permitted by these Terms and Conditions;
(iii) knowingly post, upload, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
iv) transmit or re-circulate any material obtained from the OEA website to any third party, other than an authorised member of the OEA community;
v) remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these Terms and Conditions;
vi) Use the OEA website, or any of it's parts, to canvass support for any election (other than any election relating to that of the OEA Committee)
vii) inaccurately imply endorsement, approval, or sponsorship by the School or OEA (or any individual member of staff of the School), or use that can be confused with official School or OEA communications or;
viii) use the OEA website in any way that might bring the School into disrepute.
1. When accessing the secure "Find an OE" part of the website, you must observe the following log-in security rules:
i) You are absolutely responsible for the security of your username and password. Do not share it with anyone. Make sure it is stored securely and not left in any public place.
ii) Do not allow others to use your account to access this part of the OEA website. If you think that the security of your account may be compromised in any way, you must report it to the Development & OEA Office immediately by emailing firstname.lastname@example.org.
iii) Ensure you have closed all windows relating to this part of the OEA website on any computer you are no longer using.
1. In respect of any personal data about fellow members of the OEA community which you may access and/or download through the online directories or other functions in the OEA website, you must observe the following data security rules:
i) This data is confidential and may only be used in accordance with these Terms and Conditions and the Data Policy published on the OEA website.
ii) You are absolutely responsible for the security of any accessed data. If printed or recorded by hand or voice, you must not leave it in an insecure and/or public place. If downloaded, it must be to a computer or other device whose security you are in charge of, and it must be secure within that computer or device.
iii) Data files must not be left unprotected. If you are not sure how to secure data then do not download. If you download data onto a shared or networked computer (including the School's computers), in addition to assuming responsibility for the security of that data while you have access to that computer, you must also ensure that the data is erased when you cease to have access to that computer.
iv) You may only create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the OEA website if you observe these data security rules, do not share this information with any person outside the School community and only use this information in accordance with these Terms and Conditions.
Contacting members of the OEA community for business purposes
1. You may contact members of the OEA community whose details appear in any online Professional Directory only if you adhere strictly to the following conditions:
i) You must not, under any circumstances, approach for business purposes Old Edwardians who are not in the Professional Directory.
ii) You may approach any other alumni and/or members of the OEA community for business purposes provided that you have first properly researched which of those persons are likely to be interested in your business approach and that your approach is specifically targeted to those persons.
iii) You must only make your approach under paragraph 7aii. above once and your documentation/communication should indicate that:
(a) you will not make any further approach unless the recipient replies to you; and
(b) you are complying with these Terms and Conditions.
2. You must not use any future bulk email facility available in the OEA website for business purposes.
1. While the OEA seeks to encourage an open, interactive and non-discriminatory community, Club organisers and officials may impose reasonable prerequisites for their membership.
2. Club organisers and officials are responsible for all content posted on the OEA website and should regularly update it by contacting Simon Lerwill via email@example.com.
3. Clubs featured on the OEA website must only exist for the pursuit of lawful activities.
Your obligations and acknowledgments
1. You are responsible for keeping accurate and up to date your current personal contact details which we cause to be published in the online directories on the OEA website.
2. You are responsible for checking the accuracy of relevant facts and opinions given on the OEA website before entering into any commitment based on them.
3. You must ensure that you have installed adequate and up to date computer virus checking software on your computer or other device.
4. You acknowledge that, notwithstanding our use of encryption software to attempt to prevent unauthorised access to your personal information, you accept that your communication of sensitive financial and personal information to us through the OEA website or by email is not 100 per cent secure and may be compromised.
5. You acknowledge that if you enter into any agreement with a third party as a result of any opportunity of which you become aware on the OEA website, the School is not liable for, and takes no responsibility for, any contract entered into by you and the third party.
6. You acknowledge that if you submit any material to the OEA website you understand and accept that the School and the OEA community may make use of that material in accordance with these Terms and Conditions.
7. Neither the School nor the Development & OEA Office is responsible for screening any communications/bulletin board postings, and neither the School nor the Development & OEA Office will actively monitor the use of the online service. The School, however, reserves the right to reorganize or delete any postings or message boards and may at its discretion reassign a topic's ownership. The School expects the OEA website members to exhibit respect for others in this forum. For this reason, it is essential that the users of the online service report any abuses or misuse of the online service to the Development & OEA Office.
9. You acknowledge that further terms and conditions may apply in respect of your use of specific parts of the OEA website.
The School's obligations
1. We will use reasonable endeavours to ensure that only the up to date contact details which you consent to publish are displayed in the online directories on the OEA website.
2. Whilst we will use reasonable endeavours to ensure that information provided on the OEA website is accurate and complete, the contents of the OEA website are naturally subject to change from time to time and the School cannot guarantee the accuracy and completeness of that information.
3. the OEA website is offered free to the OEA community, solely at the discretion of the Development and Alumni Relations Office and may be terminated at any time, although there is no intention to withdraw the service. We do not guarantee that your use of the OEA website will be free from error and/or uninterrupted.
4. We will endeavour to use appropriate encryption technology to protect your communications of sensitive financial and personal data to us.
5. We will use reasonable endeavours to ensure that The OEA website is free of computer viruses, but we do not warrant that it will be free of viruses.
6. Some of the pages on the OEA website may include links to external websites. Any links are included to give you the opportunity to access other pages that it is felt may be of interest or assistance to you. The School is not responsible for the content of those internet or web sites.
1. If you consider that another member of the OEA community has breached these Terms and Conditions in their dealings with you, you should first seek to resolve this matter informally by approaching them directly to explain the basis of your concern.
2. If your informal approach does not render a satisfactory result (normally, an apology), then you may lodge a formal complaint with us. We will refer this complaint to the Development Director for initial consideration. The formal complaint must be in writing, emailed to firstname.lastname@example.org and clearly state:
i) who is raising the complaint;
ii) the identity of the person about whom the complaint is being made;
iii) the nature of the complaint;
iv) why the complainant considers the behaviour is not in accordance with these Terms and Conditions;
v) any supporting evidence, including emails; and
vi) whether an informal resolution was attempted first.
3. We will consider any formal complaints received, contacting where necessary the complainant and the subject of the complaint. Our decision will be communicated to both parties and is final.
1. Failure to comply with these Terms and Conditions may result in disciplinary action being taken against you, including withdrawing your access rights to the OEA website and/or Directory on a permanent or temporary basis.
2. If the Development & OEA Office determines that a user's participation in the online service may create a liability for the Development & OEA Office or the School or that the user has violated the policies set forth herein, the Development & OEA Office reserves the right, in its sole discretion, to take actions against the user.
3. The School otherwise reserves all its legal rights.
Variation of Terms and Conditions
1. We may vary the Terms and Conditions from time to time. Please ensure that you review the Terms and Conditions regularly as you will be deemed to have accepted a variation if you continue to use the OEA website after any variation has been posted. We will use our reasonable endeavours to notify all substantive changes to the Terms and Conditions on the OEA website News.
1. The School may, from time to time, have competitions, prize draws or other promotions and offers on the OEA website. These will be subject to additional terms and conditions that will be made known to you.
1. All copyright and other rights that subsist in the OEA website, save where otherwise expressly indicated, are the property of the School.
2. The names, images and logos identifying the School or third parties and their products and services, are the proprietary marks of King Edward's School, and/or as relevant the third parties. Any use made of these marks may be an infringement of rights in those marks and the School reserves generally its right to pursue such claims that may arise.
1. You agree to keep the School fully indemnified against all actions, claims, losses, damages and costs (whether paid by way of settlement or otherwise) suffered or incurred by or on behalf of the School and arising directly or indirectly from any breach (proven or alleged) by you of any of these Terms and Conditions.
1. By logging in to the OEA website you agree that your data will be processed on behalf of the School on servers held in the United States by a company subject to an appropriate European Safe Harbour agreement.
2. We hold and process your personal data in accordance with the Data Protection Act 1988 and;
3. In accordance with our data policy and data protection statement published on the OEA website.
1. The Development & OEA Office reserve the right to stop your access to the "Find an OE" part of the website.
1. We exclude, in so far as it is legally possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of our negligence) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of, or in connection with:
(i) any information on the OEA website or any other internet or web sites or the use of that information; or
(ii) the misuse of loss of data or information which you submit to us through the OEA website or by email;
(iii) any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of the OEA website.
1. If any of these Terms and Conditions is determined to be illegal, invalid or otherwise unenforceable, it will be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions will survive, remain in full force and effect and continue to be binding and enforceable.
Choice of law
1. These Terms and Conditions are governed by the laws of England and Wales. Any disputes arising from matters relating to the OEA website will be exclusively subject to the jurisdiction of the courts of England and Wales. By accessing the OEA website, you are accepting these Terms and Conditions.
These terms and conditions have been adapted from a text produced by the University of Birmingham and its copyright in the work is hereby acknowledged