The “To The Line” Classroom Experiences and National Challenges Terms and Conditions and Media Consent: School Year 2023-2024

1. Introduction

The “To The Line” Classroom Experiences and National Challenges Terms and Conditions and Media Consent: School Year 2023-2024

1.1 Welcome to the “To The Line” Classroom Experiences and National Challenges (each a “CHALLENGE” and collectively “CHALLENGES”) operated by The Learning Partnership (“TLP”) during each school year.

Each Challenge is designed as an inspirational, inclusive and cross-curricular Science, Technology, Engineering, Arts and Mathematics (STEAM) initiative to be undertaken by all applicable students in a participating School on a whole year group or class basis during a school calendar year.

1.2 By registering as a School to participate in a CHALLENGE each participating School agrees to the following provisions of these Terms and Conditions (hereafter referred to as the “Terms”). Each Global Challenge Will be organised at a local level with stages of challenge from schools events at stage 1, through regional events, national events and ultimately global events. These events can be either virtual or physical events and will be announced within each challenge management area to participating schools. Schools accept that the organisers will use email to share updates and announce stage events. Schools not opening communication from The Learning Partnership will miss out opportunities to take part and may be subject to future sanctions when attempting to participate in subsequent yearly challenges.

1.3 The Terms set out, inter alia:

(a) the basis upon which each CHALLENGE is made available to a participating School and how the school agrees to undertake and implement the CHALLENGE within its school calendar, including but not limited to enabling a team(s) from the School to attend at the applicable CHALLENGE Regional Final, and if successful, at the CHALLENGE National Final; and

(b) the basis upon which this website is operated by TLP at www.thelearningpartnership.com (hereafter the "Website") and upon which any of the content, products, channels, software, data feeds, communications facilities and other functions, facilities and services (collectively the “Services”) provided by TLP on or from or through the Website are made available to each School and to each Registered User within a School.

In order to use the Website and the Services or any of them, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms;

1.3 The Terms set out, inter alia:

In order to use the Website and the Services or any of them, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms;

2. CHALLENGE Participation

2.1Aspartofthedeliveryofa CHALLENGEinaccordancewiththeapplicableCHALLENGESpecificationaspublishedbyTLP (and as may be revised and/or updated by TLP from time to time and at any time) each participating School agrees as follows:

(a) Designated Teaching Staff:
(i) Primary Schools must ensure that at least one (1) designated personnel from the School maintains email

communication channels with a TLP representative.

(ii) Secondary Schools must ensure that at least two (2) designated personnel from the School maintains email communication channels with a TLP representative.

(iii) All school administrators are set as responsible teachers for the challenge and undertake and complete the “accreditation and operations training” provided by TLP either through attendance at a physical CHALLENGE CPD training session held by TLP or, via the online CHALLENGE training module(s) published on the TLP website prior to the commencement of theCHALLENGEactivitywithintheSchoolcalendarsuchthatsuchpersonnelcan oversee the CHALLENGE activity and operate “CHALLENGE events” in the School.

(b) CHALLENGE Ancillary Kit: Where required in the CHALLENGE Specification, the School shall construct such CHALLENGE tools and equipment required to operate the CHALLENGE School Event by following the guidance published by TLP on the Website from time to time and/or as otherwise notified and submitted to the School by TLP.

(i) the dates of the CHALLENGE Global Virtual Finals will be as published on the Website within the current CHALLENGE Competitions Stage and Hub Area but, may be subject to change at any time, particularly if required for reasons outside the control of TLP.

(ii)The School shall ensure its attendance and/or participation in the applicable CHALLENGE virtual Final where a team from the school qualifies and is notified of their qualification to the virtual finals event.

(iii) Schools are reminded that (i) TLP will have spent considerable time, effort and expense to organise, host and operate each virtual Finals event and the failure by a School to attend thereat diminishes the value of the CHALLENGE for other Schools and, potentially, the opportunity for another School to attend.

The Learning Partnership.com Trading Ltd
Company Number: 07392157 Registered Office: The Barn, Goose Farm, North Street, Fritwell, Oxon, OX27 7QS

2. Cost of Participation

2.1 S c h o o l P a y - In consideration of the delivery and provision of a CHALLENGE and those matters referred to above, the School is required to pay the applicable CHALLENGE participation fee (plus VAT where applicable) to TLP to participate in the CHALLENGE for the applicable School Year.

This fee can be found by clicking the register button in the description area of the challenge, and once paid, the resources required by the school to take part in the challenge will be dispatched to the school. Delivery timelines will vary depending upon whether the challenge kit is in stock, or the school is placing a pre-order for a bulk purchase of resources by TLP for wider distribution (see challenge description for more details).

2.3 Additional CHALLENGE Kit: If a School wishes to purchase additional kit or components comprised in a CHALLENGE, such items are made available for purchase through the TLP Shop resource on the Website. The Terms and Conditions of Sale applicable to any such sale and purchase will be as set out on the TLP Shop pages of the Website applicable at the time of purchase.

3. Media Consent

3.1 TLP, its authorised agents and/or third parties may take photographic media (not limited to photographs, video, webcam) or voice recordings (collectively “Media”) of children and young people taking part in a CHALLENGE or other TLP organised events and activities delivered for or with schools/clubs/societies or similar. Schools, clubs, societies or similar organisations must make TLP and its representatives or agents aware of children for whom no photo permission is granted, or whom do not wish to be photographed and/or are ‘at risk’;

3.2 By registering to participate in a CHALLENGE, the School thereby grants to TLP permission and authorisation for TLP to take, record and retain such Media and, thereafter, to use such Media to:

(a) promote, showcase and highlight TLP’s education products and services,
(b) promote and illustrate Science, Technology, Engineering and Mathematics (STEM) subjects, and

(c) to incorporate and publish such Media as part of TLP’s online and social media activity(s) (including, for example, but not limited to YouTube, Twitter, Facebook and Instagram), other web content and other marketing and promotional materials (including print and displays) and on our Website(s) and/or related third party website(s), both in the United Kingdom and globally.

(d) If so requested by TLP or as is otherwise required, each School shall complete, sign and return a Participation/

Media Release Form in respect of the above matters to TLP in good faith and in a timely manner. 3.3 News Media
Each participating School acknowledges and agrees that:

(a) Media may also be sent to the news media and CHALLENGE events/activities may be visited by journalists and/or members of the media who will take their own photographs or film footage where pupils will often appear in these images.

(b) The news media may use the images in printed publications (including local or national newspapers), on televised news programmes or on their websites where they then store them in their archive.

(c) The news media may also syndicate the photos to other media for possible use, either in printed publications, on websites, or both.

(d) When TLP submit photographs and information to the media, TLP has no control on when, where, if or how they will be used.

The Learning Partnership.com Trading Ltd
Company Number: 07392157 Registered Office: The Barn, Goose Farm, North Street, Fritwell, Oxon, OX27 7QS

3.4. Conditions

a) TLPwillnotidentifyindividualchildrenoryoungpeople(e.g.byfirstandlastname)inassociationwithMedia unless expressly agreed in each case.
b) TLP will use its reasonable endeavours to ensure that no images will be taken of any children for whom TLP does not have the School’s permission or who are ‘at risk’ or disallowed from having their photographs taken for legal or social reasons.

3.5 Withdrawal of Consent

Please write to TLP if the School wishes to withdraw consent at any time or if pupil(s) leave the school, club, society or similar.

3.6 TLP Undertakings

a) Media recorded will be of activities that show the School and children in a positive light. Embarrassing or distressing media will not be used. Media will not be associated with negative or sensitive issues.
b) TLPmayusegrouporclassphotographsorfootagewithverygenerallabelse.g.‘sciencelesson’.
c) TLP will only use images of pupils who are suitably dressed.
d) TLP will take all reasonable measures to ensure the images are used solely for the purposes for which they are intended. However, this cannot be guaranteed, and TLP will take no responsibility for the way images are used by other websites or publishers or for any consequences arising from publication.

Please note that websites can be viewed throughout the world and not just in the United Kingdom where UK law applies. In giving your consent you understand that images may be used in printed and electronic form.

3.7 TLP Points of Contact
Should you have any questions please contact the following personnel at TLP: Any change to such personnel below at any time and from time to time shall be notified via the Website

Richard Newsome
Operations Director
The Learning Partnership
[email protected]
Office: +44 (0) 1869 346609

Aulden Dunipace
MD The Learning Partnership
[email protected]
Office: +44 (0) 1869 346609

4. Copyright and Your Content

4.1 TLP operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party. TLP will terminate user access to the Website and/or the Services (or any part thereof) at its sole discretion if a Registered User has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

The Learning Partnership.com Trading Ltd
Company Number: 07392157 Registered Office: The Barn, Goose Farm, North Street, Fritwell, Oxon, OX27 7QS

4.2. Upload of Content
(a) As a Registered User, you may submit Content to the Website for publication thereon and/or for distribution or dissemination by way of the Services. You understand that whether or not Content is published, TLP does not guarantee any confidentiality with respect to Content.

(b) You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. TLP does not endorse any Content or any opinion, recommendation, or advice expressed therein, and TLP expressly disclaims any and all liability in connection with Content.

(c) You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to TLP and other users of the Website and the Services as set out below

(d) You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable TLP to use your Content for the purposes of the provision of the Service by TLP, and otherwise to use your Content in the manner contemplated by the Service and these Terms.

(e) You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for TLP to use or possess in connection with the provision of the Website or the Services.

(f) You agree that Content you submit to the Website or the Services will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant TLP the licence referred to in paragraph 5.3 below.

(g) On becoming aware of any potential violation of these Terms, TLP reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.

(h) You further understand and acknowledge that in using the Website or the Services, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TLP with respect to any such Content.

5.1 Rights You Licence
When you upload or post Content to the Website, you grant:

(a) to TLP, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Website and the Services and otherwise in connection with the provision of the Services and TLP's business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;

The Learning Partnership.com Trading Ltd
Company Number: 07392157 Registered Office: The Barn, Goose Farm, North Street, Fritwell, Oxon, OX27 7QS

(b) to each Registered User of the Website or the Services, a worldwide, non-exclusive, royalty-free licence to access your Content through the Website or the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Website or the Services and under these Terms.

(c) The above licenses granted by you in Content terminate when you remove or delete your Content from the Website and/or the Services. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownership rights, which are retained by you as set out in paragraph 5.2 above.

6. TLP content on the Website and the Services

6.1 With the exception of Content submitted to the Website or Services by you, all other Content on the Service is either owned by or licensed to TLP, and is subject to copyright, trade-mark rights, and other intellectual property rights of TLP or TLP's licensors. Any third-party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of TLP or, where applicable, TLP's licensors. TLP and its licensors reserve all rights not expressly granted in and to their Content.

6.2. Links from The Website or The Services
(a) The Website and/or the Services may include hyperlinks to other web sites that are not owned or controlled by TLP. TLP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.

(b) You acknowledge and agree that TLP is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

(c) You acknowledge and agree that TLP is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

7. Termination
7.1 TLP may at any time terminate the provision of the Website or the Services to you, without notice, if:

(a) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(b) TLP is required to do so by law (for example, where the provision of the Website or the Services to you is, or becomes, unlawful); or

(c) TLP is withdrawing the Website or the Services or such part thereof as you may have registered therefor or is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service.
.

The Learning Partnership.com Trading Ltd
Company Number: 07392157 Registered Office: The Barn, Goose Farm, North Street, Fritwell, Oxon, OX27 7QS

7.2 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TLP have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

8. Exclusion of Warranties
8.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that

you cannot contractually agree to alter or waive.

8.2 You agree that the CHALLENGES, the Website and the Services are provided "as is" and TLP makes no warranty or representation to you with respect to them. In particular, TLP does not represent or warrant to you that:

(a) your use of the CHALLENGES, Website and/or the Services will meet your requirements;

(b) your use of the CHALLENGES, the Website and/or the Services will be uninterrupted, timely, secure or free from error;

(c) any information obtained by you as a result of your use of the Website and/or the Services will be accurate or reliable; and

(d) thatdefectsintheoperationorfunctionalityofanysoftwareprovidedtoyouaspartoftheWebsiteand/orthe Services will be corrected.

8.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the CHALLENGES, the Website and the Services except to the extent that they are expressly set out in the Terms.

9. Limitation of Liability
9.1 Nothing in these Terms shall exclude or limit TLP's liability for losses which may not be lawfully excluded

or limited by applicable law.
9.2 Subject to the overall provision in paragraph 9.1 above TLP shall not be liable to you for:

(a) any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;

(b) any loss or damage which may be incurred by you as a result of:

(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website and/or the Services;

(ii) any changes which TLP may make to the Website and/or the Services, or for any permanent or temporary cessation in the provision of the Website and/or the Services (or any functions or features therein);

(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Website and/or the Services;

The Learning Partnership.com Trading Ltd
Company Number: 07392157 Registered Office: The Barn, Goose Farm, North Street, Fritwell, Oxon, OX27 7QS

(iv) your failure to provide TLP with accurate account information

9.3 The limitations on TLP's liability to you in paragraph 9.2 above shall apply whether or not TLP has been advised of or should have been aware of the possibility of any such losses arising.

10. General Provisions
10.1 The Terms constitute the whole legal agreement between you and TLP and govern your use of the Website and/or the Services and completely replace any prior agreements between you and TLP in relation to the Website and/or the Services.

10.2 You agree that TLP may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Website and/or the Services.

10.3 You agree that if TLP does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TLP has the benefit of under any applicable law), this will not be taken to be a formal waiver of TLP's rights and that those rights or remedies will still be available to TLP.

10.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

10.5 The Terms, and your relationship with TLP under the Terms, shall be governed by English law. You and TLP agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TLP shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

Effective as of 1 September 2023