You are an examiner who is about to access the submission platform that is used to submit to Trinity College London (“Trinity”, “us” or “we”) the exam performance video (the “Exam Video”) of a candidate taking an exam with Trinity. You are accessing the submission platform in order to view and assess the Exam Video. These Requirements set out the terms on which you access the Exam Video via the submission platform. If you are not an examiner but are an employee or consultant of Trinity who is about to access the submission platform for operational purposes, then these Requirements set out the terms on which you access and use the submission platform.
By accessing the submission platform, you agree to comply with these Requirements. We recommend that you read these Requirements carefully before you access the submission platform and keep a paper/electronic copy for your records. If you do not accept these Requirements, then please refrain from accessing the submission platform and get in touch with your usual Trinity contact (or your line manager, in the case of Trinity employees).
We reserve the right to update these Requirements at any time. If we do so, we will publish the amended version here. Every time you wish to access the submission platform, please check these Requirements to ensure that you are aware of the terms that apply at the time of your access. The amended Requirements will take effect from the time that they are published.
In addition to these Requirements, there are other Trinity terms and policies which may also apply to your access and use of the submission platform, such as your contract with Trinity confirming your appointment as an examiner, employment contract with Trinity or contract for services with Trinity (as applicable). Trinity’s policies can be found on our website here.
Save as expressly provided by Trinity in these Requirements (see paragraph 3 below), no other terms are implied by trade, custom, practice or course of dealing.
We are Trinity College London, the international exam board for performing arts and English language qualifications, a registered charity with registration numbers 1014792 (England and Wales) and SC049143 (Scotland) and a private company limited by guarantee registered with company registration number 02683033 in England. Our registered office is at Blue Fin Building, 110 Southwark Street, London SE1 0TA.
Trinity has contracted with Submittable Holdings, Inc. (a company registered in Delaware, United States under registration number 5867308, the registered office of which is at 111 N. Higgins Ave, Suite #200 Missoula, MT, USA 59802) (“Submittable”) to provide a submission platform for Exam Videos to be submitted to Trinity. Submittable may send you automated emails in relation to your access and use of the submission platform, for example emails to notify you when an Exam Video has been assigned to you for assessment.
Trinity makes no representations, warranties or guarantees (whether express or implied) in relation to, and is not liable for, any act or failure to act by Submittable and the functioning of the Submittable submission platform. We assume no responsibility, and are not liable, for any damages resulting from any spyware or viruses, worms, time-bombs, keystroke loggers, cancelbots, "Trojan Horses" or anything else that may infect your computer equipment or other property resulting from your access to, use of, or downloading of any materials, data, text, images, video, or audio from the submission platform. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements.
We reserve the right to provide a different submission platform at our discretion or modify or change the exam process altogether. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the exam process including the process of accessing and assessing an Exam Video.
Where you do not already have an existing account, user name and associated password (“Access Credentials”) for the submission platform, we will create your initial Access Credentials and you will receive these via an email from the submission platform. Where you create your own Access Credentials, you must ensure that you do not (a) select Access Credentials of another person with the intent to impersonate that person, (b) use Access Credentials in which another person has rights without such person’s authorisation, or (c) use Access Credentials that might reasonably be seen to be offensive.
Submittable has its own terms that apply to its customers who use the submission platform to accept and review content. Trinity’s contract with Submittable has similar terms around how Trinity and its examiners will access and use the submission platform. Accordingly, when you access and use the submission platform, you agree not to take any action, or remain inactive if, that breaches Submittable’s terms or might cause Trinity to breach the contract that it has signed with Submittable.
You are responsible for maintaining the security of your Access Credentials as well as your account opened with Submittable in order for you to access the submission platform. You are responsible for all access to and use of the submission platform directly or indirectly through your Access Credentials, including all results obtained from, and all conclusions, decisions, and actions based on such access or use. We are not liable for any loss or damage resulting from you sharing or otherwise making known to others your Access Credentials. You must notify us immediately if you suspect any unauthorised use of or access to your account or Access Credentials.
You are responsible for all information, instructions, and material provided by or on your behalf in relation to the submission platform. You must not use the submission platform for any unlawful purpose or for any purpose beyond that required to view and assess the Exam Video that you are assigned by Trinity to assess. You also must not (i) copy, modify, or create derivative works of the submission platform or any documentation provided by Submittable, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the submission platform or any documentation provided by Submittable; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the submission platform, in whole or in part; (iv) remove any proprietary notices from the submission platform or any documentation provided by Submittable; (v) use the submission platform or any documentation provided by Submittable in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (vi) bypass or breach any security device or protection used by the submission platform or access or use the submission platform other than through the use of your own then-valid Access Credentials; (vii) input, upload, transmit, or otherwise provide to or through the submission platform any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code; (viii) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the submission platform; (ix) access or use the submission platform in any manner or for any purpose to store or transmit libellous or otherwise unlawful or tortious material, obscene, pornographic, or defamatory content; or (x) permit any other person or organisation to use your Access Credentials to access the submission platform. You also must not in any way access, use, or copy any portion of the submission platform or its features to directly or indirectly develop, promote, distribute, sell or support any product or service that is competitive with Trinity’s or Submittable’s products or services or to disparage Trinity or Submittable or their respective products or services. You must not misrepresent your identity or age or conduct fraudulent activities on or through the submission platform.
In relation to your use of the submission platform for Trinity’s exam processes, we are the data controller and will collect and use your personal information, including your name and email address, for the purpose of creating your Access Credentials and assigning Exam Videos for you to assess or operational duties for you to perform (as applicable). We will use this personal information in accordance with the privacy statement that we provided to you separately (usually at the time that you signed your contract with Trinity confirming your appointment as an examiner, employment contract with Trinity or contract for services with Trinity (as applicable)).
Where you use your account with Submittable for a purpose that is not related to the Trinity’s exam processes or operational process (as applicable) (for example to submit or view content in relation to another organisation), Trinity is not the data controller in relation to this use. Another party is the data controller in relation to this use of your account with Submittable and you should refer to their privacy statement for further information about how your personal information is collected and used.
If you wish to receive another copy of our privacy statement applicable to you please get in touch with your usual contact at Trinity (or your line manager in the case of Trinity employees). If you have any questions about our privacy statement or how we handle your personal information please feel free to contact us at dpo@trinitycollege.com.
If you have any questions, complaints or comments concerning your access and use of the submission platform or these Requirements or if you require any support in relation to the submission platform (including if you encounter any technical difficulties) please get in touch with your usual contact at Trinity (or your line manager in the case of Trinity employees).
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Requirements that is caused by events outside our reasonable control (Force Majeure Event).
If we fail to insist upon strict performance of any of your obligations under these Requirements, or if we fail to exercise any of the rights or remedies to which we are entitled under these Requirements, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any court or competent authority decides that any of the provisions of these Requirements are invalid, unlawful or unenforceable to any extent, such provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
We have the right to revise and amend these Requirements from time to time.
No person or organisation, other than Trinity and you, has any rights under or in connection with these Requirements.
These Requirements are governed by and are to be construed in accordance with English law. You agree that the courts of England will have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Requirements.
Effective date: 10 October 2022
© Trinity College London 10 October 2022
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