Terms and Conditions of Use (“Terms”)
The Safeguarding Development Tool (“Tool”) is maintained for your organisation’s use and viewing. Please read these Terms carefully before you start to use the Tool. Accessing and using the Tool constitutes acceptance by you of these Terms. If you do not agree to all or any part of these Terms, you must not use the Tool.
sportscotland reserves the right to revise and amend these Terms at any time. Revised Terms will apply from the date of the publication of the revised terms of use in the Tool. We advise you to review these Terms on a regular basis and to take note of any changes made by sportscotland, as they are binding on you.
Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Tool.
Information about Us and our Partner
The Tool has been developed jointly by sportscotland, incorporated by Royal Charter with a principal office of Doges, Templeton on the Green, 62 Templeton Street, Glasgow, G40 1DA, and Children 1st of 83 Whitehouse Loan, Edinburgh, EH9 1AT (Charity number: SC016092). sportscotland has provided safeguarding content, resources and led on consultation with stakeholders. Children 1st is the administrator of the Tool.
Accessing the Tool and Registration Information
Access to the Tool is permitted on a temporary basis, and sportscotland reserves the right to withdraw or amend the service we provide at any time. sportscotland will not be liable if for any reason the Tool becomes unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Tool. You are also responsible for ensuring that all persons who access the Tool on behalf of your organisation are aware of these Terms, and that they comply with them at all times.
When you register, your email address and information on task completion will be stored on our servers which are hosted and managed by Microsoft Software.
Please be assured that we do not share your personal details with any other organisation, (other than your affiliated sports governing body and Children 1st), without your consent. We may, however, share anonymised statistical information with other organisations to evaluate your organisation’s improvement. All organisations with whom we share anonymised data are GDPR compliant.
Licence to use online tool
Unless otherwise stated, we or our licensors own the intellectual property rights in the Tool. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download extracts of any page(s) and print pages from the Tool for your organisation’s use, subject to the restrictions set out below and elsewhere in these Terms.
You must not:
- republish material from the Tool (including republication on another website) without our express written consent;
- sell, rent or sub-license material from the Tool;
- reproduce, duplicate, copy or otherwise exploit material in the Tool for a commercial purpose without obtaining a licence to do so from us or our licensors; or
- edit or otherwise modify any material on the Tool without our express consent.
Our status (and that of any identified contributors) as the authors of material on the Tool must always be acknowledged.
If you print off, copy or download any part of the Tool and reports in breach of these Terms, your right to use the Tool will cease immediately and your organisation must, on our demand, return or destroy any copies of the materials you have made.
Acceptable use
You must not use the Tool in any way that causes, or may cause, damage to the Tool or impairment of the availability or accessibility of the Tool; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity or any other activity which is deemed by sportscotland in its sole discretion as inappropriate.
You must not use the Tool to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Tool without our express written consent.
You must not use the Tool to transmit or send unsolicited commercial communications. You must not use the Tool and / or URL for any purposes related to marketing without our express written consent.
Changes to the Tool
We aim to update the Tool regularly. sportscotland reserves the right to change the content at any time. sportscotland will inform you of any changes to the Tool and the resources developed by sportscotland and Children 1st as this will allow you to update your assessment accordingly and access relevant resources and support. If required, we may suspend access to the Tool, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Monitoring of the Tool
When someone visits the Tool, we use a third-party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns.
This information is processed in a way which does not personally identify individuals. sportscotland do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website.
Information about you and your visits to the Tool
Data protection and GDPR compliance is very important to us. We process information about you (including your name and email address) in accordance with our general privacy policy, which you can find in the Privacy section of the sportscotland website.
How sportscotland will use your contact details
We will use your contact details to provide:-
- updates in the development of the Tool;
- information on new or refreshed training resources linked directly to the criteria for training requirement;
- reminder emails to conduct an annual review;
- emails to notify that an inactive account may be removed; and
- updates to terms and conditions.
Sharing information
All information provided, except the Action Plan, may be shared with your affiliated sports governing body and Children 1st, so that they can provide assistance to you in filling out the information. Any data provided will help sportscotland and Children 1st develop the Tool and support resources to improve safeguarding standards within clubs.
Social Media
We will use information on our social media networks to promote the use of the Tool and celebrate the standards of safeguarding. This information will be high level and will not identify clubs or individuals.
Data Retention
For active club accounts, the data will be stored on a 5 year rolling retention basis. For inactive club accounts, if notification is ignored, they will be deleted in their entirety, after 26 months of inactivity.
Our Liability
We do not warrant the completeness or accuracy of the information published or contained within in the Tool; nor do we commit to ensuring that the Tool remains available or that the material on the Tool is kept up-to-date.
The materials posted on the Tool are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Tool, or by anyone who may be informed of any of its contents. Please be advised that you should verify the accuracy of the information and/or materials before acting upon it.
To the maximum extent permitted by applicable law we hereby expressly exclude:-
- all representations, warranties and conditions relating to the Tool and the use of the Tool including (without limitation) any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.
- any special, indirect or consequential loss or damage incurred by any user in connection with the Tool or in connection with the use, inability to use, or results of the use of the Tool, any websites linked to it and any materials posted on it, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
Nothing in these Terms will affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
Breaches of these Terms
Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Tool, prohibiting you from accessing the Tool, blocking computers using your IP address from accessing the Tool, contacting your internet service provider to request that they block your access to the Tool and/or bringing court proceedings against you.
Linking to the Tool
You may link to the Tool home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The Tool must not be framed on any other site, nor may you create a link to any part of the Tool other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use section above.
If you wish to make any use of material on our site other than that set out above, please address your request to cwps@children1st.org.uk
Links from our site
Where the Tool contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Freedom of Information
As a public body, sportscotland falls under the requirements of the Freedom of Information (Scotland) Act 2002 (“the Act”) and the Environmental Information (Scotland) Regulations 2004 (“the Regulations”) to disclose any information it holds on a particular topic when requested to do so by a person or body. In certain circumstances some of the information may be subject to an exemption and will not have to be disclosed.
sportscotland agrees that it will consult with you fully before the disclosure of any of the your ‘sensitive and/or confidential’ information. sportscotland shall have regard to all instructions from you regarding disclosure or non-disclosure of information and any ‘sensitive and/or confidential’ information, but for the avoidance of doubt sportscotland’s decision with regard to questions of disclosure or non-disclosure shall be final.
By inputting information into the Tool, you are fully aware that some or all of the information provided to sportscotland including any ‘sensitive and/or confidential’ information may be subject to disclosure under the Act or the Regulations.
Law and jurisdiction
These terms of use will be governed by and construed in accordance with Scots law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the Scottish courts.