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Privacy Statement
1. Introduction
1.1 The TESSA OER website (www.tessafrica.net) is operated on behalf of the TESSA Consortium by the Open University, Walton Hall, Milton Keynes, MK7 6BJ, United Kingdom.
1.2 This Site is offered free of charge to you and your use of it is subject to these terms of use (“Terms”).
1.3 To use this Site and the materials it contains you should read and accept these Terms. Upon registering you accept that you are legally bound by these Terms. If you do not agree to be bound then please do not complete your registration or continue to use this site.
1.4 You can gain different levels of access to this Site. You can simply browse this Site without registering and view, print or download its contents.
However to experience its full potential (e.g. to interact with other users via forums, develop materials through TESSA Share and submit back content for publication) you must become a registered user. You will need to provide us with some personal details about yourself in order to become a registered user. You should read our Privacy Statement below before registering.
1.5 We may update these Terms (including our Privacy Statement) from time to time. Changes will have immediate effect from the date of posting on this Site and you should therefore review these Terms regularly. Your continued use of this Site after changes have been made will be taken to indicate that you accept that you are bound by the updated Terms.
2. Conditions of Use of the Site and its Materials
2.1 A user will be able to access and use the materials available via this Site (“Materials”) upon the terms of the Creative Commons licence, Attribution- Sharealike 3.0. This license can be accessed at www.creativecommons.org .
Please read the Creative Commons Licence in full before downloading or otherwise making use of the Materials.
You should be aware that further special restrictions do apply to a limited number of other materials on the site. Where materials are not cleared for use under the terms of the Creative Commons Attribution-Sharealike 3.0 licence the details of the rights holder are clearly visible via a link.
If you do not agree to be bound by the Creative Commons Licence or any Special Restriction then you must not use this Site and its Materials.
2.2 We may bring any rights granted to you to an end at any time without necessarily providing notice to you.
2.3 When using Materials you must attribute us and any identified author in accordance with the terms of the Creative Commons Licence. Each of the Materials has a “Source” section which will identify the author/owner(s) and any Special Restriction(s) applying. You must take account of and abide by any restrictions set out this section in using any of the Materials.
3. Conditions of Use - Submission of Material to TESSA Share and Forum areas.
3.1 As a registered user, you will be able to submit materials for publication to the TESSA Share section of this Site (“TESSA Share”) and to post messages and share ideas on any of the TESSA forums.
3.2 By posting or submitting any material for inclusion in these areas you confirm that it is:
3.2.1 Not defamatory or obscene;
3.2.2 Not in any way illegal or infringing any law or any person’s rights;
3.2.3 Your own work and it can lawfully be published from this Site; and
3.2.4 Not as far as you are aware the subject of any dispute or court proceedings.
You will allow us and all users of this Site to use all such materials on the terms of the Creative Commons License Attribution-Sharealike 3.0.
3.3 We cannot promise nor guarantee that any or all of the materials you submit to TESSA Share, Forums or any other part of this Site (“Submitted Materials”) will be posted onto or otherwise published via this Site. We may also delete materials from or modify materials appearing on this Site at any time and at our discretion.
3.4 You understand and accept that Submitted Materials that are published will appear on this Site for others to see and use.
3.5 In submitting material to this Site and in your general use of the Site you must not:
3.5.1 Do anything which may cause (whether on purpose or not) the introduction or spread of a virus;
3.5.2 Post any inappropriate messages (including outside the scope of any relevant discussion topic or course content). You may not for example post advertisements or chain letters or repeat irrelevant or identical messages or content or make any statement that is untrue or misleading;
3.5.3 Impersonate another person;
3.5.4 Infringe our rights or the rights of any other user or third party; and
3.5.5 Use this Site unlawfully at any time.
As such, you must ensure that you have the prior consent of all third parties whose work you have used in creating the Submitted Materials so that these can be used by others in accordance with the terms of the Creative Commons Licence Attribution-Sharealike 3.0.
3.6 Unauthorized use of TESSA Share any part of this Site or breach of these Terms including breach of the Creative Commons licence may give rise to a claim for damages and/or be a criminal offence.
3.7 You recognize and acknowledge that we and other users of this Site will be permitted to use in accordance with the Creative Commons licence any materials created by you either as an original work or as a derivative of materials already submitted to this Site and which you have modified or altered in any way.
4. Rules of Use
4.1 Please be aware that a range of users from different cultural backgrounds across sub Saharan Africa will be accessing and using this Site. Any material you post must be thoughtful and considerate to others.
4.2 Please do not post any material which is misleading, untrue or false or which does not comply with applicable law.
4.3 If you are aware of any material posted on this Site by anyone which does not comply with these Terms then please either use the “Contact us” option or contact the Moderator via the Forums.
5. Our and Third Party Proprietary Materials
5.1 This Site also contains very limited proprietary materials which are owned by or licensed to us and which are not subject to the Creative Commons Attribution-Sharealike 3.0 licence. These materials which will be identified as “PROPRIETARY” and include trading names (e.g. TESSA, TESSA Share) these proprietary materials are protected by intellectual property rights that are clearly visible links on the site. These materials may be used freely as part of the chunk in which they appear but we are unable to grant the right to modify them or to use them as stand-alone items. Unauthorized use of these materials may constitute intellectual property infringement.
6. Accuracy of Content and Information
6.1 Some of the information and content used in this Site, particularly that located within TESSA Share and TESSA Forum areas is provided by other users, members of the public and other third party organizations. Although we reserve the right to monitor information and content submitted we cannot confirm that any posted information is accurate or up to date and you acknowledge that information and services offered via this Site may include inaccuracies or typographical errors.
6.2 Information contained in or accessible via this Site changes on a regular basis. We may make improvements or alterations to this Site at any time and without notice.
6.3 If any links to other websites appear on this Site we accept no responsibility or liability for the content of that website (whether under our control or otherwise). Any link is not intended to be, nor should be construed as, an endorsement of any kind by us.
6.4 Should we link to other websites we will try to make it as clear as possible that you are leaving this Site. It is your responsibility to check the terms and conditions and privacy policy on any other website that you visit.
6.5 You may not through any submitted content create a hypertext link to a third party’s website (home page, web page or documents contained within) without the prior consent in writing of us and the third party in question.
7. Liability
7.1 We do not guarantee that:
7.1.1 Use of this Site will be compatible with all hardware and software,
7.1.2 Use of this Site will be uninterrupted or error or virus free,
7.1.3 Use of this Site will deliver any specific outcome for its users, or
7.1.4 Defects will be corrected.
You must take appropriate steps to ensure that you regularly check for viruses when using this Site on any device.
7.2 Inclusion on this Site of material submitted by users of it or other third parties does not constitute or imply any endorsement, authorization or recommendation by us in relation to that material or of any opinions or other statements made within it. We can neither monitor nor enforce compliance of third party content with all applicable laws and regulations.
7.3 We make no statement about the suitability of the Materials, information and services contained on, or accessed via, this Site. All warranties, terms and conditions in this regard, including all warranties, terms and conditions implied by statute or otherwise, of satisfactory quality and fitness for purpose are excluded to the fullest extent permitted by law. For the avoidance of doubt this includes materials accessed via links to websites (including home pages, web pages or documents they contain) operated by third parties.
7.4 We further exclude to the fullest extent permissible by law all liability for damages and direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, business interruption, depletion of goodwill and like loss) or otherwise incurred by you or any third party and arising out of or in any way connected with the use of this Site or the Materials, whether based on contract, tort, strict liability or otherwise.
7.5 You will defend, indemnify and hold harmless us, our affiliates and our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal costs, arising out of or in any way connected with any breach by you of these Terms (including the Creative Commons Licence Attribution-Sharealike 3.0.
8. Complete Agreement
8.1 These Terms (including the Creative Commons Attribution-Sharealike licence 3.0 and our privacy statement below) contain all the terms applicable to your use of this Site. Nothing contained on this Site is intended to be nor should be construed as an offer by us to enter into a contractual relationship with you or anyone else, except on these Terms.
9. Jurisdiction and acceptance of these Terms
9.1 These Terms and any dispute in relation to the materials available from this Site will be governed by English law. The English courts have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms or use of this Site.
9.2 Your continued use of this Site indicates your acceptance of these Terms.
USE OF TESSA MATERIALS/SITE
I UNDERSTAND THAT THE CREATIVE COMMONS LICENCE ATTRIBUTION-SHAREALIKE 3.0 AND ANY SPECIAL LICENCE RESTRICTIONS:
(1) GOVERN MY USE OF MATERIALS AVAILABLE FROM THIS SITE; AND
(2) GOVERN USE OF MATERIALS OR CONTENT I SUBMIT TO TESSA SHARE AND TESSA FORUMS.
I UNDERSTAND AND ACCEPT THESE TERMS OF USE
I CONFIRM THAT I AM OVER 16 YEARS OF AGE
TESSA Privacy Statement
This statement sets out how the Open University ("we" or "us") uses and protects personal information that you provide when you use this Site, in compliance with European Union ("EU") and UK data protection requirements.
We are established and based in the UK. As such, we comply with EU and UK data protection law. If you are resident outside the EU then we cannot confirm that our collection and treatment of personal data is compliant with your local data protection/privacy laws. If you do not agree to your data being dealt with in the manner described in this statement then please do not submit your personal details. However, please note that where you do not submit personal details that we request your access to the services/materials offered by this Site will be restricted. We may change this statement from time to time by updating this page. You should review this statement regularly and your continued use of this Site after changes have been made will be taken to indicate your acceptance of the updated statement. We are registered under the UK Data Protection Act 1998 (the "Act") and have provided appropriate notifications to the UK Information Commissioner.
What information do we collect?
When you register to use this Site we will grant access to this Site. As part of the registration process you will be required to provide us with personal information, currently comprising: - Your name and contact information, including e-mail address.
- Information regarding your institution, job role and your contact preferences.
We will use the personal information you provide for the following reasons:
internal record keeping,
- to improve our products and services to users,
- to contact you for research purposes including market research,
- to analyse patterns and trends of use and the uptake of educational courses and facilities.
Contacting you.
By registering to use this Site and providing your personal data you are giving your permission for your data to be held by us.
We would like to provide you with information and/ or news about TESSA. We would like to send you such information by mail or e-mail. When you provide your personal information to us you will be given the option to let us know that you do not want to receive more information about TESSA. If you request this option we will not contact you with this information. You can change your mind at any time should you not wish to continue to receive further information and / or news from us. Please contact our Data Protection Coordinator by email at
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or write to PO Box 497, The Open University, Milton Keynes, MK7 6AT UK should you wish to stop receiving direct marketing from us.
Who do we share this information with?
We will not transfer, disclose, sell, distribute or lease your personal information to third parties unless we have your permission or are required to do so by law.
How to get copies of the information we have collected
You may request details of personal information which we hold about you. A small fee may be payable. If you would like a copy of the information held on you please email
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or write to our Data Protection Coordinator at PO Box 497, The Open University, Walton Hall, Milton Keynes, MK7 6AT UK. If you think that any information we have about you is incorrect or incomplete please write or e-mail us to
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. We will correct or update any information as soon as possible.
Security of Data
We are committed to ensuring that your personal information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect on-line. As long as your browser supports the Secure Sockets Layer (SSL) any personal information transmitted from your browser to its web service, or from the service to your browser, will be encrypted to make it unreadable.
Linking
As outlined in the terms of use above, we may link to other websites which are not within our control. Once you have left the Site we cannot be responsible for the protection and privacy of any information which you provide. You should exercise caution and look at the privacy statement applicable to the website in question.
Cookies
We use cookies in relation to certain areas of the Site. Cookies are files which store information on your hard drive or browser which means that we can recognise that you have visited the Site before. Cookies can make it easier for you to maintain your preferences on the Site. By seeing how you use the Site we can tailor the Site around users' preferences and measure the general usability of the website. In particular we may use cookies to identify which pages are being most frequently used. This information is used for statistical analysis including the identification of patterns and trends in educational needs and demand. You can should you choose, disable the cookies from your browser and delete all cookies currently stored on your computer. On Microsoft Internet Explorer this can be done by selecting "Tools/Internet Options" and reviewing your privacy settings or selecting "delete cookies". You can find out how to do this for your particular browser by clicking "help" on your browser's menu. No information obtained from a cookie will be used for marketing purposes.
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