The Organisation for Economic Co-operation and Development (“OECD”), an international organisation having its headquarters at 2 rue André Pascal 75016 Paris, France,  has set out the following Terms and Conditions (“T&C”) to set forth the legally binding terms and conditions between you and the OECD for your use of the Platform for Innovative Learning Assessments (the “Platform” or “PILA”) and the services, features, content, products, resources, materials and applications offered by OECD and/or third parties through PILA (collectively with the Platform, the “Service” or “Services”).

By registering for a teacher account on the Platform (“Registered Teacher”), you expressly acknowledge that you have read and agreed to be bound by all of the terms and conditions of these T&C. Registered Teachers may be individually, and collectively, referred to in these terms as “you” or “user”.  If you do not agree to these T&C, please do not access or use the Services.

The OECD may amend the T&C at any time at our sole discretion, and effective immediately upon posting the amended T&C to the Platform. We encourage you to monitor this page periodically to stay aware of any changes to the T&C. Where we make material changes to the T&C, we will provide notice on the Platform of the amended T&C, and your continued use of the Platform and Services means that you agree to the amended version of the T&C. If you do not agree with any amendments, you should cease to use or access the Platform or Services.

Register for an account

To be able to access the teacher content and functionalities of the Platform, such as resources, learning materials, assignment and customisation tools and digital dashboards, you will need to receive an access code from the OECD and register for an account. Before providing an access code, the OECD will verify to the extent that is appropriate on a case-by-case basis that you are indeed a teacher or researcher at a legitimate educational or research establishment. Registration for a teacher account on the Platform is optional. However, if you choose not to register, the features that require registration will be unavailable to you.

You can register an account for the Services through certain third-party websites, such as ClassLink, Clever, Google and Microsoft ("Authentication Service").  You are responsible for your settings and interactions with the Authentication Service.

PILA recommends that teachers encourage their students to create PILA accounts using their educational email credentials that are under the guidance of their educational institution. If the educational email credentials of your students are not compatible with an Authentication Service available on PILA, you should contact PILA at edu.pila@oecd.org to request another Authentication Service be made available on PILA. PILA does not recommend that students create a personal email account on Microsoft, Google or any other third-party provider to participate in PILA.

User Behaviour

Your use of the Services is governed by and subject to clear expectations and values surrounding behaviour and conduct. The OECD will not tolerate, in its Services, any of the following content or behaviour (“Prohibited Content and Behaviour”):

• Racism
• Sexism
• Anti-Semitism
• Homophobia
• Cyberbullying, trolling and harassing
• Threats
• Sexually explicit posts or images or links to pornography
• Content or behaviour in any form that is in any way unlawful, threatening, offensive, objectionable, indecent, bigoted or prejudicial to ongoing legal proceedings, libellous, obscene, in contempt of court or in breach of any obligations of confidentiality or copyright
• Infringement, misappropriation or violation of any industrial or intellectual property rights (including, any patent, licensing, trademark or copyright) of the OECD or any third party
• Misappropriation or violation of any contract or third-party rights
• Tortious acts
• Links to unrelated web addresses and marketing
• Advertising of products or services, whether for profit or not
• Re-posting previously deleted material, threads, or posts
• Instructions for illegal or harmful acts
• Links to pirated software, copyrighted material, computer games, counterfeit goods, or otherwise harmful websites and materials
• Collection, use, store or distribution of personal data and information from the Platform for use other than for the purposes of participating in the Platform
• Making deceptive statements that misrepresent your affiliation with a person or entity
• Intentionally or unintentionally breaking local, state, national or international law

Your responsibility

You are responsible for following and upholding, and you will abide by, these T&C. By using the Services, you accept that you can be held legally accountable for actions and comments in connection with your use of the Services. Please be careful to not disclose any personal data where you do not have authority to do so, and to be highly considerate of what you say and post. You understand that we cannot control and are not responsible for the actions of other users. You specifically acknowledge and agree that the OECD is not liable for any Prohibited Content and Behaviour by you or any other user.

Our Responsibility

We will endeavour to take the relevant steps promptly when we become aware that individuals and users have breached these T&C herein, but the OECD is unable to monitor every user behaviour or communication in real-time. You assume the risk of such behaviour or communication. The OECD is not responsible for the opinions, content, third-party links, or information posted on the Platform by others. We may, in our sole discretion, remove or reject at any time posts, comments, third-party links or materials that are not aligned with the Code of Conduct, our Privacy Policy, our Copyright Policy below, or these T&C.

Users are invited to report any Prohibited Content and Behaviour on the Platform by email to edu.pila@oecd.org.

The OECD reserves the right to suspend or terminate any part or portion of the Services, terminate your access to the Platform, delete your user profile, and remove any or all content you submit to the Platform if we reasonably believe that you are misusing such Services or are otherwise in violation of these T&C. The OECD will endeavour to give you notice of such suspension or termination where circumstances permit. Even after your right to use the Service is terminated or suspended, these T&C will remain enforceable against you.

Open-source User Content

As an open-source platform, any modifications to existing content and new content that you create using the PILA customisation tools will be published as open-source under the AGPL-3.0 license.

Data Privacy

The use of and processing of any personal data processed through the Platform is governed by PILA's Personal Data Protection Notice, which can be found here.

By creating and/or sharing content on the Services, you represent and warrant that your submission of such content for the uses described in the Personal Data Protection Notice and these T&C complies with all privacy and data protection laws applicable to such content and personal data, including laws governing the use and publication of said content, images, and personal data of students. To the extent that any such applicable laws require providing notice to and/or obtaining the consent of students or their parents or legal guardians, the removal or obfuscation of student identifying information, you represent and warrant that you have undertaken such steps prior to submitting the content or personal data.

Personal data (e.g. performance and process data) collected from students during your use of the Platform should not have any direct impact, whether positive or negative, on student’s final grades. This platform is intended to provide support to teachers and students in the learning process.

To the extent that the OECD requires you to produce any notice provided to or consent obtained from individuals, you agree to produce such notice or consent to the OECD; if such notice or consent is not sufficient, in the OECD's sole discretion, the OECD reserves the right to remove the content from the Platform or to restrict use of certain Services.

You also represent and warrant that to the extent that any individual, parent or legal guardian exercises a legal right to delete or rectify the content or personal data that you have submitted to the Services, you will remove the content or personal data in your Teacher account. All data not collected through a research study on the Platform are erased automatically from the PILA systems and databases on a yearly basis.

Copyright Policy

The OECD respects the intellectual property rights of others and expects users to do the same. If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, and want to report alleged copyright infringements taking place on or through the Platform or the Services, please send a notice with all of the items below, to the OECD at edu.pila@oecd.org and we will take appropriate action, in our sole discretion, which may include removing the challenged content from the Platform. 

• Identification of the copyrighted work that you claim is being infringed;
• Identification of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
• Your name, title (if acting as an agent), address, telephone number, and email address and your electronic or physical signature;
• Both of the following statements:
  - "I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and
  - “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”.

Please note that if you fail to comply with all of the requirements of this section, your notice may not be valid. Furthermore, we may, in appropriate circumstances, disable or terminate the accounts of infringing users.

You agree to provide proper copyright notices in connection with any content you create/publish/save on the platform in which you or a third party assert a right of copyright.

User Representations and Warranties

If you are a Registered User, you represent and warrant that:

You are at least eighteen (18) years of age or are legally considered an adult in the country or where you reside;

You have obtained appropriate rights and permissions from any and all other persons and entities who own, manage, or otherwise claim any rights with respect to the content you modify/create/publish/save, such that you have all necessary licenses, rights, consents, and permissions to publish the content and to grant the rights granted herein, including permission from all person(s) appearing or performing in the content; and

You will not create, post, upload, publish, share, send, submit, link to, or engage in, any Prohibited Content and Behaviour.

Disclaimers

The opinions expressed by users of the Platform or in the content they create are not endorsed by the OECD. We do not control or take responsibility for any content, including but not limited to their content and Prohibited Content and Behaviour. The Platform may also consist of advice, information, opinions or statements posted by third parties and links to third party sites or references to third party products and services, which third party content, sites, products and services the OECD does not endorse, control, or take responsibility for. We therefore accept no liability in respect to the completeness, timeliness, security, reliability, accuracy or truthfulness of any advice, information, or data posted or shared directly or indirectly by third parties in connection with the Services or links to the Services, or the outcomes arising from your use of such advice, information, or data.

We reserve the exclusive right in our sole discretion to alter, limit or discontinue all or part of the Platform and/or its contents. Under no circumstances shall we be liable for any loss, damage, liability or expense suffered which is claimed to result from use of the Platform or the content provided therein (including but not limited to their content), including without limitation, any fault, error, omission, interruption or delay, however such damages are caused. Use of the Platform, or any component thereof, is at the user's sole risk.

Information or content made available via the Platform does not imply the expression of any opinion whatsoever on the part of the OECD or its Members concerning the legal status of any country or of its authorities. The content, as well as any data and any maps displayed are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area.

Applicable Law and Dispute Resolution

Given the status of the OECD as an international organisation, the rights and obligations of the OECD and the rights and obligations of the user shall be governed exclusively by these TOS.

Any dispute, controversy or claim arising out of or relating to the interpretation, application or performance of the T&C, including their existence, validity or termination, shall be settled by final and binding arbitration in accordance with the Permanent Court of Arbitration (PCA) Arbitration Rules 2012. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. The place of arbitration shall be Paris (France). The parties expressly renounce their right to seek the annulment or setting-aside of any award rendered by the arbitral tribunal, or if this renunciation is not legally possible, the parties expressly agree that if an award rendered by the arbitral tribunal is annulled, the jurisdiction ruling on the annulment proceedings cannot rule on the merits of the case. The dispute will therefore be settled by new arbitral proceedings in accordance with this clause. The parties expressly renounce their right to seek the annulment or setting-aside of any award rendered by the arbitral tribunal.

Privileges

Nothing in these T&C shall be construed as a waiver of any privileges and immunities to which the OECD is entitled under international or national law, including any privileges and immunities agreement.