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Definition of terms
UserUser refers to any individual that accesses or engages with the Skills Passport Platform. This includes both Issuers and Earners.
IssuerA User that accesses the Skills Passport Platform to manage and issue Digital Badges on behalf of their organisation. An issuer may also become an Earner, if they have been issued with a Digital Badge.
EarnerA User that accesses the Skills Passport Platform in order to manage, accept and share their own digital badges.
SubmissionAny information uploaded or provided to the Skills Passport Platform by a User is seen as a Submission. This includes externally received certification, personally identifiable information provided by Issuers for the purposes of Issuing Digital Badges to Earners, and information provided by Earners during Badge Applications.
Service ProviderBadge Nation (Part of Real Ideas Organisation) is the Service Provider of My Skills Backpack/the Skills Passport Platform.
Issuing OrganisationAn Issuing Organisation is an organisation that holds a current membership with Badge Nation and has badges displayed in the Skills Passport Platform
Platform ProviderOpen Badge Factory

Purpose

The overall purpose of the Skills Passport Platform is to provide a closed space for organisations globally to recognise and celebrate the achievements of individuals through the use of Digital Badges. The Skills Passport Platform allows organisations to curate a space for their earners, where they can utilise cutting edge Open Badge technology to recognise informal learning.

Myskillbackpack.uk is a cloud-based platform where:

  • Earners of digital badges (“Open Badges”) can receive, share, manage and publish their badges.
  • Organisations can issue digital badges that have been quality assured to The RSA Badge Standard to their earners (individuals), with these digital badges being a smart way to share and acknowledge any form of informal learning that has taken place.

The Terms below apply to all users of the Skills Passport Platform (“Users”), and the information they provide to the Platform (“Submissions”). Users may be individuals who engage in informal learning opportunities and activities (“Earners”), or employees of organisations or institutions which issue badges (“Issuers”).

Making the platform work

We have done everything we can to make the Skills Passport Platform an easy to use tool, but we cannot promise that everything will always work. There may be problems with particular browsers or operating systems, or there may be a technical glitch from time to time. Whenever we become aware of problems that make the Platform difficult to use, we will work hard to fix them.

Sometimes, technical issues may be out of our control. If such an instance occurs, we will notify all Platform users as soon as possible, with details of an expected timeframe for the issue to be resolved.

If you experience any issues using the Skills Passport Platform, please notify us by emailing info@badgenation.org and one of our team will be able to support you.

Platform terms for all Users

Use of the Platform (Earners)

By creating a User account on the Skills Passport Platform, the User assures the Service Provider that they are at least 13 years old, or where they are under 13, that they have the appropriate parental/guardian permission to access the Skills Passport Platform. The purpose of the Skills Passport Platform with regard to Users who are Individuals is to enable Users to earn, manage, share and display digital badges earnt through formal and informal learning, and to publish information (“Submissions”) on the Skills Passport in order to effectively engage with Issuers and other Users.

Earners are responsible for managing all account settings within the Skills Passport. This includes, but is not limited to, account visibility settings and profile visibility within the Skills Passport map functionality.

Use of the Platform (Issuers and Issuing Organisations)

The purpose of the Skills Passport Platform with regard to Issuers, is to enable individuals working within organisations and institutions to effectively engage with Users through the use and issuing of Digital badges.

To enable this purpose, Issuers may access information from within their organisation/institutions account about earners who have been awarded a Digital Badge from that organisation.

While Badge Nation (Real Ideas Organisation) and Open Badge Factory take responsibility for the overall compliance and safety of data and information held within the Platform, the Service Provider and Open Badge Factory cannot be held responsible for data breaches which occur due to misuse, human error or malicious activity that takes place within an Organisations account as a direct result of an employee's actions.

Users who use the Platform on behalf of an Issuing Organisation shall be solely the employees of the Issuing Organisation and shall be under the sole and exclusive direction and control of such Issuing Organisation.

By accepting these Terms and Conditions, Issuers using the Platform agree to in no way edit, change, replicate or modify in any way, any Digital Badge which has been Quality Assured to The RSA Badge Standard and published by Badge Nation on behalf of the Issuing Organisation. Any evidence of such activities taking place may result in immediate termination of the Issuers use of the Platform and any other Badge Nation services and memberships. Issuers can view further details within their contract with Badge Nation, or here.

All Issuers that wish to issue Digital Badges via the Platform are expected to read and comply with the Terms of Use required by the Platform Provider, Open Badge Factory, which are set out here and may be subject to amendment from time to time.

Submissions

By making User Submissions, you acknowledge that you have read and understand the Terms of the Skills Passport.

You warrant that:

  • You have the right and authority to provide any User Submissions.
  • You have only disclosed information that is true, accurate and not misleading (including by omissions) and that nothing you have submitted is known by you to be false, inaccurate, or misleading.
  • You are the individual who the User Submissions relate to and that you have obtained permission from each person who appears and/or is referred to in your Submissions.
  • Your User Submissions would not infringe any legal obligation that you may have to any third-party, including under laws related to copyright, trademark, patent, trade secret, confidentiality, notice period, restrictive covenant, non-competition or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party.
  • You were not, and will not, be compensated or granted any consideration by any third-party for entering your User Submission.

You agree that you will neither use the Platform in a manner, nor provide any User Submission, that:

  • Is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack.
  • Invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information.
  • Promotes bigotry, racism, hatred or harm against any group of individual.
  • Is obscene or not in good taste.
  • Violates, infringes, or promotes the violation or infringement of another’s rights, including intellectual property rights.
  • Violates or promotes the violation of any applicable laws or regulations.
  • Contains a solicitation of funds. Good or services or promotes or advertises goods or services.
  • Contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. The Skills Passport Platform may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.

Security, Passwords and Means of Accessing the Skills Passport Platform

You must complete the registration process to open an account by providing us with current, complete, and accurate information, as required by the applicable registration form. You may also be required to choose a password and a username. Access to, and use of, password protected, or secure areas of the Platform are restricted to authorised users only. Except as otherwise permitted by these Terms of Use, you agree not to share your password(s), account information, or access to the Platform with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s), or as a result of your access to the Platform. You agree to notify the Service Provider immediately of any use of your password(s) or account(s) that you did not authorise or that is not authorised by these Terms of Use.

Linking to the Web Platform and Social Media Features

You may link to the Platform, provided you do so in a way that is fair and legal and does not damage the Platforms 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 without our express consent.

The Platform may provide certain social media features that enable you to: link from your own or certain third-party web Platforms to certain content on this Platform; send e-mails or other communications with certain content, or links to certain content, on this Platform; or cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party web Platforms.

You may use these features solely as they are provided by us, and solely with respect to the content such features display, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not: cause the Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other Platform; or otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms.

You agree to cooperate with the Service Provider in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

Third Party Web Platforms, Content, Products and Services

The Platform provides links to Web sites, platforms and access to content, products, and services of third parties, including users, advertisers, affiliates, and sponsors of the Skills Passport and the Platform more generally. The Service Provider is not responsible for third party content provided on, or through the Platform, or for any changes or updates to such third-party Platforms, and you bear all risks associated with the access to, and use of, such Web Platforms and third-party content, products, and services.

Copyright

All material, except for User Submissions and the intellectual ownership of Digital Badge Metadata and Visuals, on the Platform is the copyright of the Service Provider or third parties. Ownership of User Submissions and Provider Submissions remains solely that of the party providing the Submission to the Platform]; and the Service Provider shall have no liability with regard to any User Submission or Provider Submission. You may view the content of this Platform on screen. You may notcopy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Platform’s content in any way except for non-commercial, personal, or educational use, and then only if you do not remove or modify any trademark, copyright, or other notice displayed as part of the content. You also agree not to adapt, alter or create a derivative work from any of the Platform’s content except for non-commercial, personal or educational use, and then only if you do not remove or modify any trademark, copyright, or other notice displayed as part of the content. Any other use of the Platform’s content requires the prior written permission of the Service Provider.

The names, images and logos identifying the Platform or any other third parties referred to on the Platform and their products and services may be subject to copyright, design rights or trade mark rights. These trademarks may not be reproduced without the consent of the relevant owners. Nothing contained in these Terms shall be construed as conferring any licence or right to use any trademark, design right or copyright of the Platform or any other third party.

The Issuer retains all intellectual property rights relating to the metadata of Digital Badges they have created, as well as the Badge Visual associated with any Digital Badge their organisation has written.

The Service Provider reserves all rights not expressly granted in accordance with these Terms.

Reservation of Rights

The Platform and content provided on or through the Platform are the intellectual property and copyrighted works of the Service Provider or a third- party provider. All rights, title and interest not expressly granted with respect to the Platform and content provided on or through the Platform are reserved. All content is provided on an “As Is” and “As Available” basis, and the Service Provider reserves the right to terminate the permissions granted to you at any time.

Indemnity

You agree to indemnify and hold harmless the Service Provider, its employees, and associates from and against any and all third-party claims, liabilities, damages, losses or expenses, including reasonable legal fees and costs, due to, or arising out of, any Use of the Platform (including, but not limited to, any Submission you make to the Platform or any badges created through the Badge Nation Badge Zone Platform, or issued via the Platform), your violation of these Terms of Use, or your violation or infringement of any third party rights, including intellectual property rights.

Monitoring

The Service Provider has no obligation to monitor the Platform. However, the Service Provider reserves the right to review the Platform and content and to monitor all use of and activity on the Platform, and to remove or choose not to make available on or through the Platform, any content (including your Submissions) in its sole discretion. The Service Provider may remove content that is confidential or proprietary to you, or a third party, without permission from you or the third party.

Termination of Use

The Service Provider may, in its sole discretion, at any time discontinue providing or limit access to the Platform, in whole or in part. You agree that the Service Provider may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Platform in whole or in part. The Service Provider may terminate or limit your access to, or use of, the Platform, if the Service Provider determines, in its sole discretion, that you have infringed the copyrights or other legal rights of a third party, or otherwise materially violated these Terms of Use. You agree that the Service Provider will not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Platform.

Disclaimer

Except where expressly provided otherwise, the Platform is provided on an “as is” and “as available” basis.

The Service Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Platform and all content provided on, or through the Platform.

The Service Provider makes no warranty that: (a) the Platform or any content provided via the Platform will meet your requirements; (b) the Platform will be available on an uninterrupted, timely, secure, or error free basis; (c) the results that may be obtained from the use of the Platform, or any content provided on or through the Platform, will be accurate or reliable; (d) any content obtained by you on or through the Platform will meet your expectations.

The Service Provider will have no responsibility for any damage to your computer system or loss of data that results from the use of the Platform.

Limitation of Liability

In no event will the Service Provider or its employees or associates be liable for any direct, indirect, incidental, special, or consequential damages; or damages for lost profits, revenue, data, or data use, incurred by you or any third party, whether in an action in contract, or tort (including negligence), breach of statutory duty, strict liability, or otherwise, arising from your access to, or use of, the Platform or any content provided on or through the Platform.

Waiver and Severability

The failure of the Service Provider to exercise or enforce any rights or provisions in these Terms of Use will not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified, legal, and enforceable. The rest of the Terms of Use will not be affected.

Changes and conflicts

If there is any conflict between these Terms and any rules and/or specific terms and conditions of use appearing on linked platforms or specific sections of the Platform, then the latter shall prevail.

These Terms constitute the sole and entire agreement between you and the Service Provider with respect to the Platform; and supersede any and all prior and contemporaneous understandings, agreements, presentations, and warranties, both written and oral, with respect to the Platform.

The Service Provider reserves the right to change these Terms at any time by notifying Users and Providers via email. Your continued use of the Platform after any changes are notified means that you agree to be legally bound by these Terms as updated or amended.

Applicable laws

All matters relating to your access to, and use of, the Platform and content provided on or through the Platform, will be governed by the laws of England and Wales. Any legal action or proceeding relating to your access to, or use of, the Platform or content, shall be instituted in the courts of England and Wales. You and the Service Provider agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Responsibilities of the Service Provider

The Service Provider/Platform Provider is responsible for technical implementation and maintenance of the Service. The Service Provider/ Platform Provider may suspend the Service when necessary for example, for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. The Service Provider/ Platform Provider aims to ensure that the suspension is as short as possible. The Service Provider/Platform Provider will make an effort to inform Users within a reasonable time in advance of substantial changes and breaks in service via email to Users. However, the Service Provider/ Platform Provider reserves the right to perform small updates without informing about it in advance. A back-up of the service content is made once a day by the Platform Provider (Open Badge Factory). The back-up is made in case the service content needs to be restored due to, for example, a technical problem. However, individual User's content is not restored, if the User accidentally deletes their content. The Service provider/ Platform Provider has the right to terminate the Service at its sole discretion. The Service Provider/ Platform Provider aims to notify a reasonable time in advance about the termination of the Service.

Provision of Service

The Service Provider reserves all rights to changes in the Service's Terms of Use and features. Substantial changes in the Terms of Use shall be informed about via email to all Users. Users continued use of the Service after such notice shall be deemed an acceptance of any changes. The Service is provided on an ”as-is” basis without warranties of any kind. The Service Provider does not warrant that the Service will function without interruptions or error-free. The ServiceProvider shall not be liable for the correctness, exhaustiveness or reliability of the information or other material presented on the Service nor for the content or other features of the products or services offered on or conveyed through the Service. THE SERVICE PROVIDER HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULL EXTENT SUCH WARRANTIES MAY BE DISCLAIMED BY LAW. THE SERVICE PROVIDER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO USER´S USE OF THE SERVICE

The Service Provider shall not be liable for direct or indirect damages caused by a possible delay, a change or a loss of a service, product or material transferred through the Service. The Service Provider is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, the Service Provider disclaims any liability for direct or indirect damages caused to the User by harmful programs (virus, worms etc.) or incorrect content in the Service, the Service Provider bears no liability for damages caused by the User or by a third party.

The Service Provider is never liable for any indirect or unforeseeable damages caused to the User at any given circumstances.

Users shall be liable and agree to indemnify and hold the Service Provider harmless from and against all damages, costs, expenses and liabilities which are caused by the User or its unlawful behaviour or infringement of these Terms of Use or its violation of any rights of a third party through use of the Service or content related thereto.

Applicable law and settlement of disputes

These Terms of Use and the contractual relation related thereto shall be governed by the Laws of England and Wales. Disputes arising out of these Terms of Use or the contractual relation related thereto will be attempted to be settled amicably. If no agreement is attained, the dispute shall be settled in line with Real Ideas complaints policy. A copy of which can be requested by emailing us at info@badgenation.org

Privacy Notice & Data

For further information about how we hold and process data, please refer to the Real Ideas Organisation Privacy notice here.

Contact Information

If you have any questions regarding these Terms of use, please contact Badge Nation at info@badgenation.org

Open Badge Factory ® and Open Badge Passport ® are registered trademarks