Power Up Terms of use ("Terms")

Please read these Terms carefully as they govern your use of the web page Power Up ("the Site"). By accessing the Site you are agreeing on behalf of your school to these Terms

References in these Terms to "you" and "your" are references to your school or you as a private individual user.

General terms

1. Provision of the Site

1.1 The Site is owned (or used under licence) by EDF Energy Networks Ltd (company number 3870728), whose registered office is at 40 Grosvenor Place, London, SW1X 7EN ("EDF Energy").

1.2 You acknowledge that you have provided EDF Energy with accurate and complete contact information and that it is your responsibility to update EDF Energy of any changes to that information (including your email address) using the contact us page

2. Limited Rights to Use Content

2.1 All material within the Site ("Content") belongs to EDF Energy or its licensors. Subject to clause 2.2, you and your Users may retrieve and display the Content on a computer screen, print individual pages on paper, use the Content for lesson planning and store such pages in electronic form on disk and on your internal server (but not on any other server or other storage device connected to an external network unless EDF Energy has given you prior consent to do so) for your internal educational non-commercial purposes for the duration of your registration or until such time as we choose to close the Site (which we may do at any time at our discretion).

2.2 Most of the Content in the Site is owned by EDF Energy but certain content may be used under licence from third parties ("Third Party Content") and will be marked with the copyright notice of those third parties. Some of the Third Party Content will be subject to additional restrictions. You are responsible for ensuring that your Users comply with such restrictions. If you are unsure as to whether you are permitted to use a piece of Third Party Content for a particular purpose then please contact EDF Energy's Networks team of education advisors whose contact details can be found on the Site.

2.3 Except as set out in this clause 2, you and your Users may not (without prior written permission from EDF Energy):

2.3.1 redistribute any of the Content ;

2.3.2 remove the copyright or trade mark notice from any copies of Content made under this Agreement;

2.3.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content;

2.3.4 except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.

2.4 You and your Users acknowledge that the names, images and logos identifying "Power Up", "EDF Energy" and third parties and their products are the intellectual property and are subject to the design and copy rights, of EDF Energy and/or such third parties. You may not use them without the prior written consent of EDF Energy.

3. Submitting Material

3.1 Where you are invited to submit any contribution to the Site (including any text, photographs, graphics, video or audio) (" User Generated Content") you will be asked to make it clear whether this content can be viewed by all site visitors. If you choose to make it available to all site visitors you agree, by submitting your contribution, to grant EDF Energy a perpetual, royalty-free, non-exclusive, sub-licensable right to use, reproduce, modify and distribute your contribution worldwide in any media.

3.2 Involvement of Children in your User Generated Content ("UGC")

Children can be involved in UGC in a number of ways and you as the producer of the UGC must have due regard to their welfare at all times. Particular care should be taken to avoid causing any distress or alarm to any children involved in your UGC.

You must consider carefully the impact of the UGC on the child involved - both in the way it is made, and any possible impact it may have when made available to the public. This is regardless of obtaining parental consent.

You should consider the nature of the internet in respect of your UGC. In particular you should remember that:

(i) your UGC may be copied onto other computers or software;

(ii) [insert power up website] may be linked by various electronic means to numerous other websites around the world;

(iii) there is no way of monitoring or controlling the numerous websites on which your UGC may appear;

(iv) your UGC can be copied or transmitted electronically to anywhere in the world; and

(v) even if you withdraw your UGC it may still be accessible via the internet through other means

3.3 Child Protection

The protection of children is of paramount importance to EDF Energy. When producing UGC, obtain parental consent for ALL children. It is your responsibility to obtain the signed consent of the parent or guardian of any children featured or taking part in your UGC. Consent must be obtained prior to the inclusion of any child and you must keep a copy of the signed consent. You must obtain consent from the child as well as the parent. It is your responsibility to obtain consent from the child and the child's refusal to take part should not be overridden in any circumstances. Throughout the process of making your UGC you should always check that a child remains willing to participate. You must ensure that consent is informed. This will involve your explaining to the child and the child's parent why the UGC is being created, and bringing points (i) to (v) of Clause 3.2 to their attention prior to their consents being granted.

When obtaining consent from children and parents or guardians it is your responsibility to ensure they have fully understood what they are giving consent to. Do not assume that the child, parent or guardian will fully appreciate the consequences of giving consent. You must make it clear to them: the nature of the UGC, its purpose, where it is likely to be used or distributed and how long for what kind of contribution theirs will be, for example, live, pre-recorded, interview, discussion, edited, quote etc., whether the UGC will be edited. You are reminded of the rights granted to us in respect of your UGC under clause 3.1 of these terms, and you should bring these to the attention of the child and its parents prior to their consents being granted.

3.4 Children at risk

In every school there will almost certainly be children at risk. Children at risk include children and their families who are in hiding, under police protection, whose lives may be at threat, children in the care of social services, children involved in active legal proceedings, or any other children whose personal or family health, safety, privacy or welfare could be adversely affected by their inclusion in any UGC. It is your responsibility to identify who and where these children are. Any pupil who, or whose family, may be adversely affected by being seen or identified or referred to must be completely excluded and must not take part in any UGC you submit. It is your responsibility to ensure this. When filming anywhere in a school you must ensure that any at risk pupils have been excluded from filming or have been absented from class. Also check the classroom for any means or evidence of identifying them, e.g. pupil names on white board, wall mounted class work, art pieces, behaviour charts, etc.

3.5 Child Identification & Anonymity

No child, (not just those at risk), should be identified by both first (Christian) and second (family) names in any way (whether on screen, in audio, in writing or otherwise). This applies to names spoken in shot and names heard out of shot. This combination of the full name, with the name of the school, might make a pupil vulnerable to an adult wishing to claim acquaintance with him or her. Beware of giving away a child's identity via a "jigsaw" effect of information in the UGC.

3.6 Indecent Images of Children

In the UK it is a serious offence under the Protection of Children Act 1978 for a person to take, or permit to be taken any indecent photograph of a child, to distribute or show such indecent photographs, to have in his possession such indecent photographs, with a view to their being distributed or shown by himself or others. What is 'indecent' is a matter for the Court. Nudity is not required to find a photo of a child to be indecent. Particular consideration should be given to whether any UGC showing children in states of undress or in particular attire or poses could be interpreted as 'indecent', for example, in PE and drama classes. If in any doubt do not include it in the UGC. Publication of an indecent picture of a child under 16 is an offence under the Protection of Children Act 1978. You are responsible for ensuring that no indecent images of children are included in any UGC you submit.

3.7 Use of Third Party Intellectual Property in UGC

You are responsible for ensuring that UGC you submit is not subject to the intellectual property rights (including, without limitation, copy and design rights) of any third party, or, if it is, that you have obtained all necessary rights from any such third party to permit you and EDF Energy to use that intellectual property for all purposes. You agree to fully indemnify EDF Energy against all costs, damages, expenses and/or losses which it incurs as a result of any claim or potential claim being brought against EDF Energy by a third party which is based on any infringement or alleged infringement of its intellectual property rights.

3.8 Confidentiality and Data Protection

You are responsible for ensuring that your submission of UGC, and EDF Energy's use of your UGC in relation to the Site, does not breach any third party's rights under the Data Protection Act 1998 nor breach any obligations of confidentiality owed to any third party, and you agree to fully indemnify EDF Energy against all costs, damages, expenses and/or losses which it incurs as a result of any claim or potential claim being brought against EDF Energy by a third party which is based on such a breach.

4. Warranties and Indemnities

4.1 EDF Energy will use its reasonable skill in making the Site available to you. However, because of the number of sources from which EDF Energy obtains the Content and because of the nature of the Internet and computer software and hardware, errors and omissions do occur and EDF Energy does not give any warranties in respect of the Site. In particular, you should not take the accuracy of the information for granted and EDF Energy makes no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.

4.2 You shall indemnify, defend and hold EDF Energy, its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including legal costs), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") arising out of your use of the Site in any manner that breaches these Terms or otherwise arising out of content contributed by you and not by EDF Energy.

5. Limitation of Liability

5.1 EDF Energy will not be liable for any loss you suffer as a result of a breach of these Terms or unavailability of the Site except those losses which are a direct and foreseeable result of the breach. EDF Energy will not be responsible for indirect or consequential losses which are incurred as a result of any breach (such as, without limitation, loss of profits or loss of data).

5.2 Notwithstanding the above provisions of this clause 5, EDF Energy's liability will not be limited in the case of death or personal injury directly caused by EDF Energy's negligence.

6. Changes

6.1 EDF Energy is continually seeking to improve the Site. EDF Energy reserves the right, at its discretion, to make changes to any part of the Site

6.2 EDF Energy reserves the right to change these Terms or any other relevant materials, and/or introduce new rules or terms and conditions for any element of the Site at any time. Such changes will be posted on the terms and conditions page of the Site not less than seven days prior to their having effect.

6.3 Your continued use of the Site after the date on which any change or addition to the Site or the Terms or any other change or addition is made shall signify your acceptance of any changes or additions made under Clauses 6.1 and/or 6.2 above.

7. Links

7.1 The Site contains links to other websites and resources, either directly or through frames and, where possible, EDF Energy will make clear where such links are being made. Independent third parties provide these sites and EDF Energy is not responsible and shall not be liable for the availability or content of these outside resources.

8. General

8.1 You may not transfer any of your rights under these terms to any other person. EDF Energy may assign, novate or otherwise transfer its rights and/or obligations under these terms at any time without notice.

8.2 If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.

8.3 If you breach these terms and EDF Energy chooses to not to promptly enforce these terms or seek any remedy under the same, EDF Energy will still be entitled to use its rights and remedies at a later date or in any other situation where you breach this Agreement.

8.4 These terms are only enforceable by you and by EDF Energy, no third party shall be entitled to enforce these terms.

8.5 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

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

8.7 These terms are governed by the law of England and Wales.

Every effort has been made to establish copyright in the material in this Site.

9. Cookies

Please note that we use cookies to run this site. These cookies are not persistent, that is, they disappear from your personal computer when you close and leave this website.

The Website is hosted on a server in the UK.