Operam Academy Acceptable Use Policy

1. About this policy

This Acceptable Use Policy sets out the terms on which you may use the Learning Platform (login.operamacademy.com), our website (operamacademy.com) and our materials. It is operated by OPERAM LIMITED, a company registered in England and Wales (company number 07958404, registered office Devonshire Business Centre, Works Road, Letchworth SG6 1GJ), trading as Operam Academy (“Operam Academy”, “we”, “us”, “our”).

This policy applies to everyone who accesses the Learning Platform, our website or our materials, including learners, delegates, administrators, members of Operam Academy ALUMNI and NETWORK, and visitors.

This policy forms part of the Contract under the Master (clause 7). By accessing the Learning Platform, our website or our materials, you accept this policy. Words capitalised in the Master have the same meaning here.

This is the general policy for the Learning Platform, our website and our materials. Specific products have their own conduct rules that supplement this policy: the Guided Pathways operate under a Code of Conduct (Schedule 2), and the Operam Academy ALUMNI and NETWORK communities under the ALUMNI Community Charter and the community terms (Schedule 3). Where a product’s conduct rules are stricter, those apply to that product.

2. Prohibited uses

You may use the Learning Platform, our website and our materials only for lawful purposes. You must not use them:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to harm, or attempt to harm, any person, and in particular a minor, in any way;
• to send or procure the sending of any unsolicited or unauthorised advertising or promotional material (spam);
• to transmit, or upload, any material that is defamatory, obscene, offensive, hateful, threatening, discriminatory, extremist, or that has the potential to radicalise;
• to transmit any material that infringes the intellectual property rights or privacy rights of any person, or that breaches a duty owed to another party (for example a duty of confidence);
• to knowingly transmit any data, or upload any material, that contains viruses, trojans, worms, time-bombs, keystroke loggers, spyware or any other harmful code;
• to access without authority, interfere with, damage or disrupt any part of the Learning Platform, our website, any equipment or network on which they are stored, any software used in their provision, or any equipment, network or software of a third party; or
• to use the Learning Platform or our materials in any way that causes, or may cause, damage to them or impairment of their availability or accessibility.

3. Account and access security

Access to the Learning Platform is through a Learning Passport that is personal to the named holder. You must not share your access credentials or allow any other person to access the Learning Platform using them.

You must take reasonable steps, including reasonable security measures, to keep your credentials secure and to prevent unauthorised access, and tell us promptly (support@operamacademy.com) if you believe your credentials have been compromised.

You must not use the Learning Platform or our materials to provide services to third parties, and you must not copy, reproduce, distribute, resell, sub-licence, republish or redistribute our content except as the Contract expressly permits. The full intellectual-property restrictions are in the Master (clause 6) and the applicable Schedule; this clause does not restate them.

4. Interactive and community features

We may provide interactive features — for example a discussion board, community features within Operam Academy ALUMNI and NETWORK, or a cohort group chat. Where we do, we will make clear whether the feature is moderated and how.

We are under no obligation to oversee, monitor or moderate any interactive feature, and (subject to the Master’s liability provisions) we exclude liability for loss arising from a user’s use of an interactive feature in breach of the content standards in clause 5, whether the feature is moderated or not. Some community features are members-only and unmoderated; their terms are in the community terms (Schedule 3).

Our interactive features are intended for adult professional users and are not directed at children. Where any interactive feature is used by a minor, it is subject to the consent and supervision of a parent or guardian.

5. Content standards

These standards apply to any material you contribute to the Learning Platform, our website or any interactive feature (a “contribution”), and to each part of a contribution as well as the whole.

A contribution must be accurate (where it states facts) and genuinely held (where it states opinions), and must comply with applicable law in the UK and in any country from which it is posted.

A contribution must not:

• be defamatory, obscene, offensive, hateful or inflammatory;
• promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right, trade mark or other intellectual property right, or breach any duty owed to a third party (for example a duty of confidence);
• be likely to deceive, harass, upset, embarrass, alarm or annoy any person, or invade another’s privacy;
• be used to impersonate any person or misrepresent your identity or affiliation; or
• advocate, promote or assist any unlawful act.

6. Breach, suspension and enforcement

We decide, acting reasonably, whether you have breached this policy. A failure to comply with this policy is a material breach of the Contract.

Where a breach occurs, we may take any action we reasonably consider appropriate, including: issuing a warning; removing a contribution; suspending or withdrawing your access to the Learning Platform, our website or a feature (Master clause 14); terminating the Contract (Master clause 13); and disclosing information to law enforcement where we reasonably consider it necessary.

Each party’s responsibility for losses arising from a breach of this policy is governed by the Master (clause 12, responsibility for losses, and clause 11, limitation of liability).

We exclude liability for action taken in response to a breach of this policy, subject to the Master’s liability provisions and to a Consumer’s statutory rights (Master Part F).

7. Changes to this policy

We may update this policy from time to time. Changes are governed by the Master’s variation rule (clause 20): a change does not bind you for the duration of an existing Contract merely because we have updated this page, and where a change materially and adversely affects you and is not required by law, we will give you reasonable notice.

8. Contact

If you have any questions about this policy, please contact us:

OPERAM LIMITED, trading as Operam Academy
Registered in England and Wales, company number 07958404
Registered office: Devonshire Business Centre, Works Road, Letchworth SG6 1GJ
Email: support@operamacademy.com