Section 1: Introduction  

  1. These Terms of Use (“Terms”) govern your use of Over The Wall’s (OTW) Virtual Learning Environment (VLE) and services (“Services”) / Camp in the Cloud (“CitC”).  
  1. Please read these Terms carefully, and contact us at info@otw.org.uk if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms such as our Safeguarding Policy. 
  1. citc.otw.org.uk (the “Virtual Learning Environment” VLE) is operated by Over The Wall registered charity No.1075361 & SCO43191. Company Limited by Guarantee No.3713232 in partnership with AdaptiVLE Company Registration No: 9578395 
  1. By accessing the VLE you agree to abide by any and all of the following Terms of Use governing use of the VLE. OTW may change these Terms of Use from time to time. It is your responsibility to check the Terms of Use regularly. You will be deemed to have accepted any amended Terms of Use if you continue to make use of the Services and VLE after a change to the Terms of Use has been made.  
  1. These Terms of Use may from time to time be supplemented by additional Terms of Use and these will be shown on relevant application forms or as part of any registration process included on the Website and/or VLE.  

 Section 2: Code of conduct and Safeguarding 

Campers enrolled on the CitC programme and VLE are expected to agree to and uphold our policies regarding the Camper Charter, Safeguarding Policy, and Online Safety Policy. We expect our campers, to act in an appropriate manner, which includes being respectful to fellow campers and OTW representatives on discussion boards and online video conferencing. Violation of the above policies or these Terms of Use will result in expulsion from the programme. 

Volunteers engaging with the CitC programme and VLE are expected to agree to and uphold our policies: Safeguarding Children Policy and Online Safety Policy. 

Our safeguarding statement can be found here

Section 3: Who may use / access our services?  

  1. You may use our Services only if you are:  
  1.  When you enroll on the CitC programme, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.  
  1. Campers aged 8-17 can access the platform independently, but must first be registered by a parent/carer. Campers under the age of 8 attending Family Camp must be supervised by a parent/carer when using the platform.  
  1. The CitC programme and platform may only be accessed by those campers who have been assessed by OTW and expressly offered a place on the programme by means of an acceptance letter, access by other family members is prohibited. 
  1. By using the Services and VLE you agree to use it for lawful purposes. The Services and VLE may not be used to harass, cause distress or inconvenience any individual person or organisation. You may not use the VLE to publish, post, distribute, disseminate or otherwise transmit defamatory, obscene, indecent or offensive content or to cause or promote an unlawful act.  
  1. You agree not to attempt to obtain unauthorised access through whatever means to any part of the VLE which is restricted and to which you are not entitled to access.  

Section 4: Timed access 

The CitC platform is accessible to campers between 9:30am and 9:30pm for those attending Health Challenge camps and Siblings camps, and from 10:30am to 7:30pm for those attending Family camps. These timings are stated in the official emailed offer letters. Access to the platform outside of these times is prohibited. 

 Section 5: Our License to You  

  1. Subject to these Terms and our policies (including the Safeguarding and other policies), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services.  All other rights are reserved to OTW and its licensors.   
  1. You may download content from our Services only for your personal, non-commercial use, unless you obtain written permission from OTW, to otherwise use the content. 
  1. You also agree that you will create, access, and/or use only one user account, and you will not share your account with any third party or provide any third party with access to your account or any information on the VLE. By using our Services, you do not acquire any right, title or interest in or to any intellectual property rights in our Services or the content you access.  
  1. Certain parts of the VLE may only be accessed using a password. OTW may issue you with a password upon successful application to the CitC programme, but is under no obligation to do so and reserves the right to refuse to issue you with a password without reason. In the event that you are provided with a password to make use of any part of the VLE, you must keep that password confidential and not allow it to be used by any other party.  

Section 6: Our programme  

While we take pride in our CitC programme, unexpected events do occur. The OTW team reserves the right to cancel, interrupt, or reschedule any programme element or to modify any content at any time.  

Section 7: User Content  

  1. The Services enable you to share your content, such as quizzes, projects, discussion posts and the like (“User Content”), with OTW staff and volunteers. You are responsible for the User Content you share at all times.  
  1. To the extent that you provide User Content, you grant OTW a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting OTW the right to authorise third party partners to use User Content with their respective audiences. Nothing in these Terms shall restrict other legal rights OTW may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.  

 Section 8: Security  

We care about the online security of our campers. While we work to protect the security of your account and related information, OTW cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account by emailing campers@otw.org.uk   

Section 9: Third Party Content  

Through the Services, you may have the ability to access and/or use content provided by other third parties (eg Vimeo) and links to websites and services maintained by third parties. OTW cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. OTW disclaims any responsibility or liability related to your access or use of such third party content.  

Section 10: Privacy  

  1. OTW is registered as data controllers with the Information Commissioner for the United Kingdom. OTW is committed to protecting your privacy and security. Whenever you provide personal information, OTW will treat that information in accordance with this policy and current UK Data Protection legislation.You can view our Privacy Policy here.  
  1. By using OTW Services and VLE you agree to accept the OTW Privacy Policy. OTW may change this Privacy Policy from time to time. It is your responsibility to check the Privacy Policy regularly. You will be deemed to have accepted any amendments to the Privacy Policy if you continue to make use of the VLE after a change to the Privacy Policy has been made.  

Section 11: Copyright and Trademark Policy  

  1. All copyright, trademarks, design rights, patents, brand, business name and other intellectual property rights (registered and unregistered) in and on the Services and VLE and all content (including, but not limited to, text, graphics, photographs, applications and information) on the site belong to OTW or its licensors (which includes other users), or appear with the permission of others who own the intellectual property rights. You may not copy, reproduce, re-publish, adapt to create a derived work, exploit, download, post, broadcast, transmit, make available to the public, or otherwise use the VLE content in any way except for your own personal, non-commercial use unless you have the written consent of OTW. Use of the Services and VLE  do not confer a right or licence to use any copyright, design right or trademark of OTW.  
  1. Where downloads of third party software are made available on the VLE they are owned by the third party licensor in question and will be subject to any Terms and Conditions applied by the relevant licensor.  
  1. Other owners and/ or operators of websites or VLEs may not link to the VLE for commercial purposes without the written consent of OTW.  

 Section 12: Limitation of Liability  

  1. We do not guarantee that:  
  1.  You must take appropriate steps to ensure that you regularly check for and protect against viruses when using the VLE on any device.  
  1. To the maximum extent permitted by law, OTW shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:  
  1. You acknowledge and agree that the disclaimers and the limitations of liability set forth in this terms of use reflect a reasonable and fair allocation of risk between you and OTW, and that these limitations are an essential basis to OTW’s ability to make the services available to you.  

Section 13: Indemnification  

By making use of OTW Services and VLE, you agree to indemnify OTW and any of its trustees, directors, officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages and costs incurred or suffered and any claims or legal proceedings which are brought or threatened arising from your use of or conduct on the VLE or a breach of the Terms and Conditions of use of the Services and VLE.  

Section 14: Revisions to the Terms  

  1. We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.  
  1. In the event that OTW does not exercise or enforce any right in these Terms and Conditions, this does not waive OTW’s right to enforce that right at a later date or on another occasion.  
  1. If any of the Terms and Conditions for the use of the VLE are determined to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term and Condition is unlawful, invalid or unenforceable, it shall be deleted from these Terms and Conditions and the remaining Terms and Conditions shall continue to be binding and enforceable.