Terms and Conditions

Introduction

1.1 These Terms and Conditions (“Terms”) govern the use of the Learning Management System (“LMS”) and website hosted by Educe Trading Ltd (“The PE Hub” or “us” or “we” or “our”) with company number 08918344 and registered address of Grosvenor House, 11 St. Paul’s Square, Birmingham, England, B3 1RB. These Terms will outline the terms and licensing requirements of anyone using the LMS or website including but not limited to schools, academies, and coaching companies (“Organisation”).

1.2 The PE Hub, through The PE Hub website www.thepeub.co.uk and Learning Management System (“LMS”) provide a range of resources to education providers. The PE Hub website (referred to as the “Legacy System”) allows individuals and organisations to access and download a range of free and paid for resources, whereas the LMS provides access to premium resources, alongside additional features such as creating class and public profiles and accessing assessment statements.

1.3 For the purposes of these Terms, Organisations, and individual users of the Legacy System and LMS will be referred to collectively as “Users”.

Jurisdiction

2.1 This Agreement, and the relationship between The PE Hub and a User (whether contractual or otherwise), shall be governed by, and construed in accordance with the laws of England and Wales.

2.2 Any disputes concerning this Agreement, or any matters arising therefrom or associated therewith (whether contractual or otherwise), shall be subject to the jurisdiction of the courts of England and Wales. 

Legacy System:

The clauses in this “Legacy System” section (clauses 3 and 4) apply to Users of the Legacy System only.

  • Legacy System Overview:

3.1 The Legacy System allows Users to download free resources and guidance without creating an account. To access the additional premium resources that are available, they must first create an account and sign up for a subscription.

3.2 Any and all resources downloaded by a User, whether free or paid for, must be used in line with the Intellectual Property and Acceptable Use clause outlined in these Terms.

Legacy System Registration and Subscriptions:

4.1 In order to create an account, the following information must be provided:

  1. Choice of subscription;
  2. Full name;
  3. Email address;
  4. Name of educational institute or organisation;
  5. Organisation phone number;
  6. Organisation email address;
  7. Address;
  8. Purchase order number (if applicable); and
  9. Account password.

4.2 Subscriptions are available on a 1-year or 3-year basis. For more information, please follow this link.

4.3 Once a User has created an account and chosen a subscription, a confirmation of the request will be sent to the User’s email, followed by an invoice for their chosen subscription amount.

4.4 All invoices must be paid within 30 days of receipt.

4.5 Premium resources will be accessed by logging into the website using a unique ID and password provided by The PE Hub after the invoice has been settled.

Learning Management System (LMS):

The clauses in this “LMS” section (clauses 5 to 10) specifically apply to Organisations using the PE Hub’s LMS. End user access (i.e. access by individuals who use the LMS under a licence purchased by the Organisation they are employed by or are otherwise instructed by) is covered under a separate agreement.

LMS Registration

5.1 Should you be an existing user from the Legacy System who is moving over to the LMS, your registration will be handled internally by The PE Hub. For more information on this process please contact info@thepehub.co.uk.

5.2 All new Users will need to create an account to use the LMS.

5.3 To create an account, an Organisation must register by providing the following information:

  1. First name;
  2. Last name;
  3. Contact email address;
  4. Address;
  5. Education provider;
  6. Password; and
  7. Purchase Order (“PO”) number.

5.4 The Organisation must also acknowledge that they have read and understood this Agreement.

Subscription Options:

6.1 When an account has been created a subscription amount and period must be selected. Subscriptions are available on a 1-year or 3-year basis. For more information, please follow this link.

Payment Options:

7.1 Once The PE Hub have processed your registration and subscription choice, Users will be provided with an invoice for the subscription period they have chosen. All invoices must be paid in full within 30 days of receipt.

LMS Set Up

8.1 Once an Organisation has registered, they will have access to their own account on the LMS. This account will be an ‘Admin Account’ meaning that it has the highest level of access and functionality, including the ability to create other users, set access rights for other users, remove users and nominate other ‘Admin Accounts’.

LMS Access

9.1 User access will be determined by how the Organisation sets up the user’s account. A user, subject to their level of access and functionality, may be able to:

  1. Assign roles;
  2. Create additional users;
  3. Upload information;
  4. Create tags (a way to filter and organise pupil and teacher profiles);
  5. Create pupil profiles;
  6. Create class profiles;
  7. Access assessment statements; and
  8. Report and record.

9.2 It is the Organisation’s obligation to inform their users of the responsibility to follow all security and access requirements detailed in these terms and to ensure that all Users comply with these responsibilities.

Data Protection

10.1 Controller/Processor

10.1.1 Under the Data Protection Act 2018 (“DPA’18”) the Organisation is the data controller of any personal data collected, processed and stored within the LMS and The PE Hub is the data processor for the Organisation.

10.2 Data Processor Obligations

10.2.1 In accordance with Article 28 of the UK General Data Protection Regulation (“UK GDPR”), as incorporated into UK law under the DPA’18, The PE Hub, acting as the data processor, must:

  1. process the personal data only on documented instruction from the data controller, unless required by law to act without such instructions;
  2. ensure that people processing the data are subject to a duty of confidence;
  3. take appropriate measures to ensure the security of processing;
  4. only engage a sub-processor with the data controller’s prior authorisation and under a written contract;
  5. take appropriate measures to help the data controller respond to requests from individuals to exercise their rights;
  6. assist the data controller in meeting its obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments;
  7. delete or return all personal data to the data controller (at the data controller’s choice) at the end of the Agreement, and the data processor must also delete existing personal data unless the law requires its storage;
  8. submit to audits and inspections; and
  9. provide the data controller with any information needed to ensure that both the data controller and data processor are meeting their Article 28 obligations.

10.3 Rights and interest in Data

10.3.1 The PE Hub as the data processor claims no rights, title or interest in any of the data (personal or otherwise) that a User stores on the LMS. The Organisation as the data controller shall have sole responsibility for the legality, reliability, integrity and accuracy of the data provided and retained by the Organisation and wider user.

10.4 Controller Obligations

10.4.1 The Organisation as data controller has primary responsibility for compliance with all relevant data protection laws and regulations. This includes obligations in relation to processing of the personal data of minors and collection and processing of special category data.

10.4.2 For the avoidance of doubt, the Organisation’s obligations under the DPA’18 and other relevant laws and regulations as a data controller include but are not limited to the terms contained within this Agreement as well as implementing appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is being performed in accordance with the DPA’18 and other relevant laws and regulations.

General – Applicable to all Users:

The below clauses apply to all Users of both the Legacy System and the LMS.

  • Security and Access

11.1 Once a User account has been created the User will have access to the Legacy System/LMS.

11.2 A User will take all reasonable measures to ensure that there is no unauthorised access to the Legacy System /LMS. Should unauthorised access be discovered, they will notify The PE Hub immediately.

11.3 Should The PE Hub become aware that a User’s login, username and/or password is being provided to a third-party User, the account may be disabled and, in some cases, this may result in early termination of this Agreement.

11.4 Each User will keep a secure password for their use of the Legacy System /LMS. Each User will ensure passwords comply with industry standard best practice in relation to password protection measures, including encryption and confidentiality at all times.

11.5 During the course of using the Legacy System /LMS a User must not:

  1. access, store, distribute or transmit any viruses or in any way seek to damage or disable or frustrate the use of the Legacy System /LMS;
  2. make available any material that is fraudulent, false, misleading, or inaccurate, is unlawful, harmful, threatening, abusive, infringing, defamatory, obscene, harassing or racially or ethnically offensive;
  3. use the Legacy System /LMS to facilitate illegal activity or in a manner that is otherwise illegal or causes damage or injury to any person or property;
  4. infringe any intellectual property rights; or
  5. engage in any act or omission which would enable or prove to be a causal link which enables a User to breach these Terms.

Subscription Rights

12.1 The PE Hub reserves the right, without liability or prejudice to its other rights under these Terms, to immediately disable the User’s access to the Legacy System /LMS under the provisions of this clause. 

12.2 The PE Hub grants a non-exclusive, non-transferable right to the User to access and use the Legacy System /LMS, subject to these Terms.

12.3 Premium resources are provided to the User on a subscription basis. When a subscription is coming to an end The PE Hub will contact the User directly in relation to the renewal process.

12.4 These Terms does not allow the User to sell, sub-license, amend, modify, reverse engineer or otherwise interfere with the intellectual property rights in the Legacy System/LMS.

Termination/Cancellation

13.1 A User can cancel their subscription and discontinue use of the Legacy System /LMS at any time during their subscription by sending written notice to The PE Hub. However, they acknowledge that any fees already paid will not be refunded.

13.2 Should a User wish to cancel due to a substantive breach of The PE Hub’s obligations under these Terms, the User must send written notice of the breach to info@thepehub.co.uk. The User must allow The PE Hub 30 days to cure any such breach before the User may cancel. Upon cancellation The PE Hub will determine how much, if any, of the subscription fee will be reimbursed. 

13.3 The PE Hub has the right to suspend or terminate these Terms at any time should a User be found to be in breach of any clauses in these Terms. In which case, the User will not receive a refund for any sums paid.

Intellectual Property

14.1 The User acknowledges and agrees that The PE Hub owns or has the legal right to use and distribute all intellectual property rights in relation to the Legacy System/LMS.

14.2 Except as expressly stated in these Terms, these Terms do not grant the User rights to, or any interest in, any intellectual property rights or any other rights or in respect of the Legacy System /LMS.

14.3 The User must request The PE Hub’s written consent before posting or otherwise distributing any of The PE Hub’s Intellectual Property both online and offline, including The PE Hub branding and Tradename. If consent is granted, the User will be responsible for insuring any Intellectual Property they use is attributed directly as having come from The PE Hub.

Modification and Changes

15.1 The PE Hub reserves the right to modify or amend the terms of these Terms as necessary from time to time.

15.2 Should any changes be made to these Terms, the User will be notified in writing at least 30 days before any such changes come into effect.

Indemnity

16.1 The User shall defend, indemnify, and hold harmless The PE Hub against claims, actions, proceedings, losses, damages, expenses and costs (including court costs and reasonable legal fees) arising out of or in connection with the User’s use of the Legacy System /LMS.

16.2 The PE Hub will provide best endeavours to ensure the safety, security, and accessibility of the Legacy System /LMS. However, they cannot be held liable for any damages directly or indirectly resulting from the use of the Software except where expressly required by law such as gross negligence or wrongful death.

16.3 Liability, if any, shall be limited in amount to the fees paid to The PE Hub in the relevant subscription period.

Force Majeure

17.1 The PE Hub shall have no liability to the User under these Terms if it is prevented from or delayed in performing its obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of the Organisation or any other party), failure of a utility service or transparent or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm of default of suppliers or subcontractors, providing that the User is notified of such event and its expected duration. 

Severability

18.1 If any of the provisions of these Terms are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.