The security and integrity of the materials that you access via OCR Interchange and secure websites is of fundamental importance to us and the wider education community.
All the terms below are important – but please thoroughly review the security and confidentiality commitments contained Clauses 2, 5 and 6 below and operate at all times in compliance.
These terms and conditions set out Your rights and obligations and Cambridge OCR (“We”, “Us”, “Our”)in connection with Your use of the Cambridge OCR Websites (“The Service”). All the terms and conditions are legally binding so please read them through carefully before accepting.
These terms and conditions are in addition to any other terms that may apply to The Service, and, in the event of conflict, shall prevail in preference to the other terms.
These terms and conditions shall be effective on and from the date of Your acceptance of these terms and conditions and shall constitute a legally binding agreement between You and Us (the “Agreement”).
1. The Service
The Service gives access to secure websites offering a variety of services for such persons as exams officers, teachers and assessors. These range from the ability to carry out day-to-day administrative functions to accessing and downloading assessment materials.
2. The Basis on Which You May Use The Service
2.1 In order to use The Service, You must be engaged by an approved Cambridge OCR Centre or You must be a person who has been otherwise authorised by Cambridge OCR to access The Service. If you are engaged by an approved Cambridge OCR Centre, You may only use The Service using an email address which has been issued to you by Your Centre.
2.2 When accessing and/or downloading assessment materials, teaching resources or other materials from The Service You must at all times comply with all notices, terms and conditions and third party restrictions applicable to the materials on The Service.
2.3 You agree to ensure that any details which you supply to us through The Service are accurate and to let us know promptly if any of the details which You have supplied to us about Youchange.
2.4 Accessing The Service
You must access The Service through an up-to-date web browser and in accordance with the security requirements specified in clause 5. The browsers We support for websites accessed via The Service are the most up-to-date versions of Google Chrome and Microsoft Edge. It is Your responsibility to ensure that Your system can access The Service. Each time You access the Service You agree:
- 2.4.1 not to use The Service in such a way that disrupts, interferes with or restricts the use of The Service by other third party users;
- 2.4.2 to ensure that any materials uploaded, displayed or transmitted by You through or to The Site are not false, offensive, defamatory, threatening, obscene, unlawful and do not breach or infringe the rights of any person anywhere in the world;
- 2.4.3 not, without Our prior written consent, reverse engineer, decompile, copy, adapt or modify any software or other code or scripts forming part of The Service, nor copy any manuals or documentation (except as permitted by law);
- 2.4.4 not to attempt to upload, display or transmit to or via The Service any information that contains a virus, worm, Trojan horse or other harmful or disruptive component;
- 2.4.5 not to send ‘spam’ email or any unsolicited correspondence which is unrelated to the business of Cambridge OCR to any addresses made available on The Service; and
- 2.4.6 not to change, modify, delete, interfere with or misuse data contained on The Service entered by or relating to any third party user of the Service.
2.5 Users of The Service
- Your Centre will have appointed a Centre Administrator to control access within Your Centre. The Centre Administrator may appoint authorised users for the purpose of accessing and using The Service. You may only access The Service if You are a Centre Administrator or an authorised user engaged by such a centre ("Centre Authorised Users") or are otherwise authorised in writing by Cambridge OCR to access The Service in accordance with this Agreement ("Non-Centre Authorised Users").
3. Links
3.1 The Service may include hypertext links to third party web sites. Cambridge OCR accepts no responsibility for, and gives; no warranties, conditions or guarantees in respect of, the content or availability of material of any third party site.
3.2 You may not create any hypertext link to The Service or embed The Service in other websites.
4. Following Our Instructions
4.1 User Guidance
User guidance might be made available to You on the operation of The Service. You must follow all the relevant user guidance whenever You access and operate The Service.
4.2 Changes to The Service
We may inform You from time to time about changes to the way You may access or operate The Service. You must implement all such changes promptly.
5. Security, Access to The Service and Related Matters
5.1 Security
You shall ensure:
- 5.1.1 that any equipment used by You to connect to or use The Service in accordance with this Agreement is connected and used in accordance with any instructions, safety and security procedures applicable to the use of that equipment and/or the standards that We have notified to You. You shall also ensure that any such equipment shall also be incompliance with any relevant legislation;
- 5.1.2 that You are familiar with the Joint Council for Qualifications’ regulations concerning cyber security (including, in particular, its ‘Guidance for centres on cyber security’), as displayed on the website of the Joint Council for Qualifications, if you are a Centre Authorised User;
- 5.1.3 that as soon as You become aware of any actual or suspected compromise of The Service or the related system operated by Your Centre, or, if you are a Non-Centre Authorised User, the related system operated by You, this is reported to Us immediately (or, in any event, as soon as possible);
- 5.1.4 that You do not allow anyone, other than Cambridge OCR staff providing technical assistance in relation to Your use of The Service, to operate The Service on Your behalf;
- 5.1.5 that Your system is not left unattended whilst logged into The Service;
- 5.1.6 that no one is permitted to copy or share Your Password (as defined below in clause5.2.1) or obtain access to Your account in The Service by pretending to be You or another Authorised User; and
- 5.1.7 that any devices in Your use have access blocked by an automatic password protected screen saver or by manually locking access to the device when left unattended. You must take all reasonable steps to protect the security of Your use of The Service in accordance with this Agreement, including, without limitation, clause 5.2.
5.2 Access to The Service
To enable You to access or use The Service:
- 5.2.1 We or Your Centre Administrator will have set You up with an account using the email address provisioned by Your Centre for You, or, if you are a Non-Centre Authorised User, Your personal email address, which account will enable You to set a username, password and/or other authentication credentials for the purposes of accessing The Service (“Password”) in accordance with this Agreement. Your Password will be usedto identify You whenever You access The Service.
- 5.2.2 You may never use another Authorised User’s email address or Password or device in order to access The Service.
- 5.2.3 You must ensure that Your Password is kept confidential at all times. You must not disclose any details of or expose Your Password to any other person (even within Your Centre if you are a Centre Authorised User), with the exception of a Cambridge OCR member of staff in the circumstances set out in clause 5.1.4. Each time You access The Service You must input Your Password when prompted to do so by The Service’s access procedures.
- 5.2.4 When logging into Your account, You will need to set up Your two-factor authentication if the site to which You are seeking access within The Service prompts You to do so. You may only set up Your two-factor authentication on a device which is personal to You and not shared with others.
- 5.2.5 If You discover or suspect that Your Password is known to someone else, You must immediately notify Us by calling 01223 553998 (or any other number We may let You have for this purpose). We may suspend Your use of The Service until We have arranged for You to create a new password.
- 5.2.6 By permitting You to set up an account in accordance with the terms of this clause 5,We are granting You access to The Service for the purpose of The Service only and for no other purpose. Any and all information supplied to You in connection with the Service belongs to Us. You must not use this information (except in connection with operating The Service), or take copies, sell, assign, lease, license or otherwise transfer it to any third party, or try to decompile, reverse engineer, input, compile or change it in any way.
5.3 Checking Your Transactions and Data
5.3.1 If You are a Centre Authorised User and You become aware of any transaction relating to Your Centre that has not been validly authorised by You or data You believe to be incorrect, You must notify; Us immediately by calling 01223 553998 or emailing support@ocr.org.uk (or any other contact details which may be notified to you from time to time).
5.3.2 If You are a Non-Centre Authorised User and You become aware of any transaction that has not been validly authorised by You or data You believe to be incorrect, You must notify Us immediately by calling or emailing Us using the contact details referred to in clause 5.3.1.
5.4 Protection against Viruses
You must ensure that any computer or other device through which You access The Service is free from any computer virus, adequately maintained in every way and is protected against acquiring a virus. You shall have in place the latest version of commercially available End Point Protection, namely, security software that protects individual devices (such as laptops, mobile phones and desktops), from cyber threats (such as viruses and malware), by keeping the device safe so that the whole network stays secure.
6. Confidentiality and IP
6.1 You shall not at any time disclose to any person any confidential information concerning Us, including any information concerning any materials accessed via The Service, Our information technology systems (including applicable access controls) or other assets, Our suppliers, Our customers or Our business, except as permitted by Clause 6.2 below. For the avoidance of doubt anty confidential information shall include live question papers, mark schemes, exam results, answer scripts, coursework, moderation and other reports, outcomes of reviews of marking or appeals identities of Our assessors or other persons visible on the Service, and past and/or practice question papers and other non-live question papers and other materials relating to Our assessments which have not already been published by Us.
6.2 Subject to clause 6.4, You may disclose Our confidential information:
- 6.2.1 (if You are a Centre Authorised User) to: (i) relevant Centre Administrators, Authorised Users, employees, representatives, contractors or advisers engaged by Your Centre, who need to know such information for the purposes of performing their roles within Your Centre, and (ii) students registered with Your Centre who need to know such information for the educational purposes determined by Your Centre (subject to any restrictions which Cambridge OCR may communicate in writing to Your Centre), and who in both cases (i) and (ii) are aware and have accepted that the information is, and should be treated as, of a confidential nature;
- 6.2.2 (if You are a Non-Centre Authorised User) only as permitted under the terms of Your engagement by Cambridge OCR; and
- 6.2.3 as may be required by law, court order or any governmental or regulatory authority.
6.3 You agree that You shall not use any of Our confidential information for any purpose other than to exercise Your rights and perform your obligations under or in connection with Your use of The Service.
6.4 If You are a Centre Authorised User, You shall comply with the Joint Council for Qualifications’ Instructions for conducting examinations and General Regulations for Approved Centres, as displayed on the website of the Joint Council for Qualifications, and any other regulations issued by the Joint Council for Qualifications relating to (amongst other things) the permitted and prohibited uses by Centres of the materials referred to in clause 6.1.
6.5 Except for Your right to use Our confidential information in accordance with this Agreement. You shall not acquire, in any way, any title, rights of ownership or interest in any intellectual property rights which may exist or come into existence in or relate to Our confidential information, and no intellectual property rights of Cambridge OCR are transferred or licensed as a result of this Agreement. You acknowledge and understand that Our confidential information contains confidential and proprietary information and You shall not conceal, modify, remove, destroy or alter in any way any proprietary markings of Cambridge OCR on or in Our confidential information.
7. Data Protection and Privacy
Use of personal data is in accordance with Our Data Protection and Privacy statements available on the Cambridge OCR website at https://www.ocr.org.uk/about/our-policies/website-policies/privacy-policy/.
8. Your Authority to Us to Carry out Your Instructions
8.1 We are entitled to act on Your electronic instructions as transmitted to Us via Your account on The Service without obtaining any further written confirmation or other confirmation from You and even if those instructions are not actually given or authorised by You. By way of illustration, these instructions might relate to requests for certain services provided by Us (for example, post-results)
8.2 You are responsible for the inputting of data into The Service and We accept no responsibility for data incorrectly input.
9. Our Liability.
9.1 Subject to clause 9.2, We shall not be liable to You for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims arising under or in connection with this Agreement, whether arising from tort (including negligence), breach of contract or otherwise). This includes (but is not limited to) loss or damage resulting from:
- An incompatibility between Your IT system and The Service
- Any circumstances beyond Our control that leads either to The Service being totally or partially unavailable or to instructions given via The Service not being acted upon promptly or at all
- Any misuse of Your system by You or anyone else
- Any access to Your data that is obtained by a third party as a result of Your using The Service (except where that access is obtained as a result of Our negligence or wilful default).
9.2 Nothing in this Agreement limits Our liability for: (i) death or personal injury caused by Our negligence, (ii) fraud or fraudulent misrepresentation or (iii) any other act or omission, liability for which; cannot legally be limited.
9.3 Save as provided in Clause 9.2 above, all conditions, warranties, representations or other terms that might otherwise be implied into this Agreement by statute, common law or otherwise are; excluded from this Agreement.
10. Service Availability
The Service will usually be available for use 24 hours a day. You accept, however, that routine maintenance requirements, excess demand on the systems and circumstances beyond Our control; may mean it is not always possible for The Service to be available during its normal operating hours.
11. Ending The Service
11.1 We are entitled at any time, and for any reason, to:
- Change the mode of operation or the facilities available with regards to The Service;
- End The Service; or
- End or suspend Your use of The Service or to vary access at any time.
11.2 You understand that You will have no right to access The Service once You have ceased to be engaged by Your Centre or cease to use an email address provisioned by that Centre, or, if You are a Non-Centre Authorised User, once Your access to The Service has been withdrawn by Cambridge OCR. If You attempt to, or You access, the Service, in such circumstances, You will be acting in breach of the terms of this Agreement, and, if You fall into the former category of user, You will also be jeopardising the position of the Centre in potentially causing it to break its commitments to Cambridge OCR in relation to security matters. Such liability may result in Cambridge OCR incurring costs and other losses which it may seek to recover from You.
11.3.Cambridge OCR shall not be responsible for any costs incurred by You as a result of ending The Service.
11.4 If We decide to change or end The Service or Your use of it, We will try to give You 7 days’ notice, or whatever shorter notice period may be reasonable in the circumstances.
12. Our right to make changes to this Agreement
We have the right to change this Agreement at any time by giving You notice either in writing orby sending You a message to that effect via The Service. Should you cancel Your use of the Service You will no longer be an Authorised User.
13. The validity of this Agreement
If any, or part, of this Agreement proves to be legally unsound or unenforceable in any way, this will not affect the validity of the remaining terms in any way.
14. Communication between Us
14.1 Except as otherwise stated in this Agreement, You must give Us notice in connection with any aspect of The Service in writing to Cambridge OCR’s Customer Support Centre, at support@ocr.org.uk (or any other email address which may be notified to you from time to time).
14.2 If We need to send You a notice, we will use the email address referred to in clause 5.2.1.
15. General
This agreement is governed by English law. Both parties agree to submit to the exclusive jurisdiction of the English courts in connection with any dispute.