Terms & Conditions – Primary PE Planning

Primary PE Planning Ltd Copyright and Disclaimer Statements, Conditions of Security & Terms of Use of Service

1. Copyright Statement

The content of this Web site is the copyright of Primary PE Planning. Primary PE Planning
copyright must remain on all reproductions and material accessed from this Web site (“Material”).

You may download, print and use the Material for school staff members use only. You may not
republish, retransmit, redistribute or otherwise make the Material available to any other party or
make the same available on any web site, on-line service or bulletin board of your own or any other
party or make the same available in hard copy or on any other media.

This publication is protected by national and international copyright laws. No part of it may be
reproduced, copied or transmitted in any form or by any means electronic, mechanical (including
photocopying), recording or by any information storage or retrieval system, without prior written
permission from Primary PE Planning Ltd.

Primary PE Planning Ltd will take legal action against any individuals or organisations found to be
infringing its rights, and will make that action public. Purchasers of this publication may circulate
electronic or hard copies only to members of their own school, provided this is done without
commercial gain.

However, no part or whole of this publication may be circulated elsewhere or displayed on any
website or distributed commercially except under licence from the copyright owners.
permission from Primary PE Planning Ltd.

Primary PE Planning Ltd will pay a £250 reward for information leading to the successful legal
prosecution against individuals or organisations copying or republishing this information in any
format, including websites and bulletin boards. Your confidentiality is guaranteed.

2. Disclaimer Statement

By using this Web site, you expressly agree that such use is at your own risk.
The information provided is only to be delivered by qualified teachers and specialists that meet the
UK teaching standards for the delivery of primary school Physical Education and sport; lesson
plans and schemes of work provided by Primary PE Planning Ltd should be used by the
professional and adapted to meet the learning needs of their class.
Whilst the editor and publisher have made every effort to ensure the accuracy and above all safety
of the information and advice contained in this publication, and have gathered the information from
sources believed to be reliable, permission from Primary PE Planning Ltd.
Primary PE Planning Ltd makes no warranty or guarantee as to the completeness, accuracy or
timeliness of the information, and is not responsible for any errors or omissions.
In no event will Primary PE Planning Ltd its affiliates or other suppliers be liable for direct, special,
incidental, or consequential damages (including, without limitation, damages for personal injury to
teachers or school staff or children or related claims) arising directly or indirectly from the use of (or
failure to use) the information in this publication, even if Primary PE Planning Ltd has been advised
of the possibility that such damages may arise.

Primary PE Planning endeavours to provide a service of the highest quality, but cannot guarantee
that our service will be uninterrupted or error free, or that the service will reach the intended
recipient.

PRIMARY PE PLANNING PROVIDES THIS WEB SITE AND ITS CONTENTS ON AN “AS IS”
BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, WITH RESPECT TO THIS WEB SITE OR ITS OPERATION, CONTENTS, PRODUCTS
OR SERVICES.

PRIMARY PE PLANNING DOES NOT REPRESENT OR WARRANT THAT INFORMATION
AVAILABLE ON THIS WEB SITE IS ACCURATE, CURRENT OR COMPLETE AND WE DISCLAIM
ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO
THE FULL EXTENT PERMITTED BY THE APPLICABLE LAW.

IN NO EVENT SHALL PRIMARY PE PLANNING BE LIABLE TO YOU OR TO ANY OTHER
PERSON OR ENTITY, IN ANY MANNER (INCLUDING NEGLIGENCE) FOR DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING BUT NOT LIMITED TO
DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER
COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO
USE, THIS WEB SITE. EVEN IF PRIMARY PE PLANNING HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING
THIS WEB SITE YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL SERVICES,
CONTENT, GOODS OR SERVICES AVAILABLE THROUGH THIS WEB SITE.

IN THE EVENT THAT THE APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL PRIMARY
PE PLANNING TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID PRIMARY PE PLANNING FOR ANY GOODS OR SERVICES PURCHASED FROM THIS WEB SITE.

You must ensure that the Material accessed or purchased from this Web site is implemented in a
manner and an environment which is safe and suitable for all the individuals involved. cannot be
held responsible for improper implementation of the Material or any deviation from normal teaching
standards.permission from Primary PE Planning Ltd.

Primary PE Planning Ltd cannot be held responsible for any accident or injury to any person that
takes place during any lessons where materials from permission from Primary PE Planning Ltd
have been used.

3. Conditions of Security

3.1 In order to access the Service [the service provided by permission from Primary PE Planning
Ltd.

Primary PE Planning Ltd whereby the Customer can gain access to Primary PE Planning Ltd online
education service network currently known as www.primarypeplanning.com, the Customer [the
educational institution or school staff member named upon subscribing to Primary PE Planning Ltd
www.primarypeplanning.com], will be issued a unique log in ID and password within 24 hours of
registration. The Customer is responsible for the security and proper use of all user IDs and
passwords used in connection with the Service and must take all necessary steps to ensure that
they are kept confidential, secure, used properly and not disclosed to unauthorised people.

3.2 The Customer must immediately inform Primary PE Planning Ltd if there is any reason to
believe that a log in ID or password has or is likely to become known to someone not authorised to
use it or is being or is likely to be used in an unauthorised way.

3.3 Primary PE Planning Ltd reserves the right to suspend log in ID and password access to the
Service if at any time PRIMARY PE PLANNING considers that there is or is likely to be a breach of
security.

3.4 Primary PE Planning Ltd reserves the right (at its sole discretion) to require the Customer to
change any or all of the passwords used by the Customer in connection with the Service.

3.5 The Customer must immediately inform Primary PE Planning Ltd of any changes to the
information the Customer supplied when registering for the Service.

4. Terms of Use of the Service

4.1 The Service is provided solely for the Customer’s own use (School staff members only) and the
Customer will not resell or attempt to resell the Service or allow access to the service (or any part
or facility of it) to any third party.

4.2.1 The Content [the information, photographs, diagrams, videos and any other materials
(in whatever form) or services which may be made available to the Customer as part of the
Service], is protected by copyright, trademark and other intellectual property rights, as applicable.
The Customer must not and must not permit anyone else to copy, store, adapt, modify, transmit,
distribute externally (and if the Customer accesses the Service from a LAN other than to
Authorised Users on such LAN), perform, play or show in public, broadcast or publish any part of
the Content, and the Content may only be used for the Customer’s own purposes.

4.2.2 The Customer is entitled to download and store the Content solely for its own use for the
duration of this Contract [this means, in order of precedence, any conditions displayed online as
referred to in paragraph 4.5 below]. At the end of this Contract, the Customer must destroy or
erase any Content that has been copied, downloaded or stored during this Contract and, if Primary
PE Planning Ltd requires, will confirm in writing to primary PE Planning that is has done so.

4.2.3 If the Customer downloads and stores any Content, the Customer must destroy or erase any
Content at the time that the Customer’s licence to use such Content ends.

4.3 The Customer is only allowed to use the Service for the purposes of education and must not
commercially exploit any Content to the commercial detriment of Primary PE Planning Ltd.

4.4 Primary PE Planning Ltd cannot warrant or guarantee the accuracy or completeness of any of
the Content or any further information or results which may be derived from it. The Customer
acknowledges that it is the Customer’s responsibility to evaluate the accuracy and completeness of
the Content. In particular the Customer acknowledges that it is not entitled to rely on any Content
in making any decision and that the Customer’s use of the Content (for whatever purpose) is at the
Customer’s sole risk.

4.5 The Customer acknowledges that there may be additional conditions displayed on line relating
to particular Content. If the Customer chooses to access such Content those online conditions will
also form part of this Contract.

4.6 The Customer shall be responsible for the creation, maintenance and design of all Customer
Information [information, photographs, diagrams, videos and any other materials (in whatever form)
published or otherwise made available on Primary PE Planning Ltd web
site,www.primarypeplanning.com (directly or indirectly) by or on behalf of the Customer by using
the Service].

4.7 The Customer warrants that the Customer Information is and will remain accurate and correct
and will not include any information or material, any part of which, or the accessing of which would
be a criminal offence or otherwise unlawful. In particular the Customer warrants that all necessary
licences and consents (including but not limited to those from owners of copyrights or performing
rights) have been obtained.

4.8 The Customer warrants that it will comply with all consumer and other legislation, instructions
or guidelines issued by regulatory authorities, relevant licences and any other codes of practice
which apply to the Customer or Primary PE Planning Ltd and which relate to the provision of
Customer Information provided that Primary PE Planning Ltd has given notice to the Customer of
those which apply to Primary PE Planning Ltd.

4.9 The Service must not be used:

4.9.1 fraudulently or in connection with a criminal offence or giving rise to any civil liability;4.9.2 in breach of any instructions Primary PE Planning Ltd has given;

4.9.3 to send or provide unsolicited advertising or promotional material or to receive responses to
any unsolicited advertising or promotional material sent or provided using the Service or by any
third party;

4.9.4 other than in accordance with the acceptable use policies of any connected networks and the
Internet Standards.

4.10 If the Customer or anyone else, with or without the Customer’s knowledge or approval, uses:

4.10.1 the Service in contravention of paragraphs 4.1, 4.2, 4.3 or 4.9; or

4.10.2 the server capacity or the Software made available to it in any way which, in Primary PE
Planning Ltd opinion, is, or is likely to be, detrimental to the provision of the Service to the
Customer or any other customer and fails to take corrective action within a reasonable period of
receiving notice from Primary PE Planning Ltd. Primary PE Planning Ltd can treat the
contravention as a material breach of this Contract.

4.11 The Customer must indemnify Primary PE Planning Ltd against any claims or legal
proceedings which are brought or threatened against Primary PE Planning Ltd by a third party
because:

4.11.1 the Service is used in breach of paragraph 4; or

4.11.2 the Service is faulty or cannot be used by that third party and Primary PE Planning Ltd will
notify the Customer of any such claims or proceedings and keep the Customer informed as to the
progress of such claims or proceedings.

4.12 Primary PE Planning Ltd reserves the right to suspend user log in ID and password access to
the Service if at any time Primary PE Planning Ltd considers that there is likely to be a breach of
one of the conditions of this Contract.