Student Motivation Questionnaire
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The Student Motivation Questionnaire - the SMQ

Questionnaire use by registered users
Terms and conditions

Updated 02/09/2015

  1. General
    1. The present Terms apply to any kind of use of the database and the related website from which the database is accessed. Please read the Terms carefully before accepting them. By clicking 'Register' button when registering as a user, you agree to these Terms.
    2. As a user of the database, you confirm and declare that you have read, understood and accept the present Terms and that you will use the database and the related website in accordance with these Terms, the Website Terms and Conditions and Privacy Policy.
    3. It may become necessary to amend the present Terms, for which reason the controller of the database reserves the right to make amendments to these Terms. In the event of amendments, the 'Updated on' date at the [ top/bottom ] of the document will be changed. In the event of material amendments, the user will be notified on the database website. All users are urged to check whether the Terms have been amended on a regular basis.
    4. The Terms apply to everyone (including students), regardless of the purpose of using the database or the website. This means that the present Terms apply to all private persons, companies, associations etc. using the database and/or the website, who have accepted the Terms.
  2. The database
    1. The database and the related systems have been developed by and are owned by Peter Hudson Associates Limited, trading as Motivated Learning Trust (‘the Company’). The Company is engaged in understanding secondary school student’s emotions and wellbeing whilst studying, through collating and analysing answers provided by students through a questionnaire. The database allows schools to view those students requiring either counselling, extra pastoral support, or motivational coaching.
  3. Processing of personal information
    When users register with the database, they voluntarily provide personal data which is registered in the database.
    Personal data is only provided and registered for the purpose of enabling schools to view reports produced by the Company following answers provided for by users completing the Company’s questionnaire.
    It is important for the Company that the users' personal data is kept safe and confidential, just as it is important to always act in agreement with the law on the protection of personal data.
    1. Which types of personal data are provided by users?
      Personal data comprise of, but not limited to, contact information, including name, address, e-mail address, and questionnaire answers.
      A candidate is advised to only provide such information as is necessary for the fulfilment of the purpose of the database.
    2. Consent for the processing of personal data
      By providing personal data, the user expressly consents to such information being used by the controller and the processor for the purpose of enabling the Company to collate the data and provide the school with a report on the Company’s findings.
      Furthermore, the Company is entitled to use such personal data anonymously, e.g. for statistics and comparisons. Personal data is not used for any other purposes unless the user has given express consent thereto.
    3. Disclosure of personal data
      When using the database, users consent to their personal data being disclosed within the database and to their respective school.
      Apart from the above situation, the Company will only disclose personal information to a third party if this is required in order to comply with relevant law.
      When personal data is disclosed to the school, the school in question will be responsible for processing the personal data in accordance with the law.
    4. Access to and editing personal data
      Users are unable to edit data provided once the questionnaire is submitted. Users are only able to edit data provided when completing the questionnaire and prior to submission.
      Users are entitled to receive information on which personal data the Company has registered about them [up to two times a year ]. For this purpose, please email info@motivatedlearningtrust.co.uk:
      The above can also be contacted with regard to enquiries about the processing of personal data.
      Generally, the Company does not edit or change the data provided. Furthermore, the Company reserves the right to delete overtly false and/or offensive information without prior notification of the user.
    5. Cookies
      The database website uses cookies. Cookies are digital pieces of information stored on the user's hard disk. A cookie will not identify the individual users, but only the PC used by the user for visiting the website. A cookie recognises a computer as a user when a website is accessed. The purpose of cookies is to use the information for the preparation of statistics etc. Such statistics are, among other things, used for improving the website and the database.
    6. Data security
      All personal data are protected by a user name and a password. A user can gain access to or edit their questionnaires (prior to submission) by using their individual user names and passwords.
      Over and above the users, it is only the Company who have access to the registered information.
      The Company and the user will each take all necessary measures to comply with the Privacy Policy and such other security measures agreed in writing by the Company from time to time and notified to the user.
      Each party will co-operate with any investigation relating to security that is carried out by or on behalf of either party.
  4. Price and payment
    1. A fee of [£175 plus VAT] (‘the Registration Fee’) is payable in full as part of the registration process. The user shall provide valid credit or debit card details for the Company to take the Registration Fee from.
    2. Once payment of the Registration Fee is received by the Company, the Company shall confirm receipt to the user by email and provide the registered user with an individual username and password.
    3. The Company reserves the right to reject a registration application without reason. If the Company rejects a user’s registration application, the Company shall notify the proposed user by email and will make arrangements with the proposed user for the return of the Registration Fee in full (if payment has already been taken).
  5. Registration and password
    1. When registering as a user of the database, the user will be provided with an individual user name and a password, after which time the user's own data can only be accessed by means of the user name and the password.
    2. All users are responsible for keeping the user name and the password confidential. Users are also responsible for all use of the user profile, regardless of whether such use is authorised or not.
    3. Users undertake to immediately inform the Company of any unauthorised use of their user name or password or the risk thereof.
  6. Purpose of using the database
    1. The database may only be used for lawful purposes by students completing the questionnaire and by schools to view the data and reports provided by the Company.
    2. Users of the database undertake not to provide any incorrect, inaccurate or misleading information.
    3. Users of the database accept sole responsibility for any data submitted by them to the database or to the Company in connection with their use of the website and database.
  7. Licence
    1. The compilation (i.e. collection and layout) of all content on the website is the property of the Company and protected by copyright law. Unauthorised use of such content may be in contravention of copyright and trademark law or other legislation. Users of the database are obliged to keep all indications of copyright, trademarks, service marks or other proprietary marks in the original material in any copies lawfully made of such material.
    2. Save for the data included by the user, the user acknowledges that all rights aforementioned, including the database, software and documentation shall at all times remain the property of the Company. No rights to or property in the service shall pass to the user. No right to modify, adapt or create derivative works from the service or any part of it is granted to the user.
    3. The Company grants the user a licence to use the database, software and documentation for and to the extent required by it or them to enjoy the services only
    4. If the user breaches any of the terms under condition 7, permission to use the website automatically terminates and the user must at the Company’s discretion either immediately return or destroy any printed or downloaded extracts from the website.
  8. Responsibility for the content of the database and website
    1. Users are responsible for their own information and the implications of submitting it in the questionnaire.
    2. The Company does not have an obligation to check the information provided by the users. Consequently, there is no guarantee that the content of the data and reports supplied by the Company are correct.
    3. In the event that the Company discovers that there is information in the database or on the website which is or may be in contravention of the present Terms, the Company is entitled to delete such information without further notice.
  9. Security instructions regarding use of the database and related website
    1. Users of the database and the website are subject to the general law, including rules prohibiting the infringement of other people's rights.
    2. The Company particularly highlights the following circumstances as being in contravention of the present Terms. It should be noted that the list below is not exhaustive and does not set aside the applicable law:-
      1. Users are not entitled to violate or attempt to violate the security of the website, e.g. by:
        1. gaining access to data not intended for the user and attempting to log on to a server or account to which the user is not authorised;
        2. attempting to investigate, scan or test the vulnerability of a system or a network or force the security and authorisation precautions taken without due authorisation;
        3. attempting to disrupt the service provided to any user or network, including by sending a virus to the website, overloading, 'flooding', 'spamming' or 'bombing' it or by causing the system to break down;
        4. using any device, software or routine to disrupt or attempt to disrupt the correct function of the website or any activity on the website;
        5. sending unsolicited e-mails, including advertising or advertisements for products or services;
        6. deleting or changing material placed on the website by the Company, the processor or other users;
    3. The user must not disclose his or her password to a third party, just as it must not be used for unauthorised purposes.
    4. Infringement of these security rules or the law may result in civil or criminal liability. The Company will investigate incidences assumed to constitute a breach of the above security rules and may report such instances of breach to the police and the authorities.
  10. Exclusion of liability
    1. The Company can in no circumstances be held liable for damages in connection with any use of the database or the website. The below provisions do not restrict this exclusion of liability, but are only examples of situations for which the controller or the processor cannot be held liable.
    2. The Company does not warrant that information published by users is truthful or correct, just as the Company does not endorse any views expressed by users. The user thus accepts that the use of material published by users is at the user's own risk.
    3. The user is solely responsible for content placed in the database or on the website.
    4. The Company does not guarantee that the website will not malfunction or that the website and its server do not contain any virus or other harmful elements. In the event that equipment or data need to be serviced or replaced following the use of the website, including the material on the website, the Company is not liable to pay the costs relating to such servicing or replacement.
    5. The Company cannot be held liable for any damage or loss resulting from the use or the inability to gain access to using the database or the material on the website.
  11. Imdemnification
    1. Users undertake to defend and indemnify the Company for any financial or other damage as well as for any claim, lawsuit or other demands, including reasonable legal and accounting costs, claimed in connection with or arising out of the use of the database and/or the website, including a user's infringement of the present Terms. The Company must immediately inform the user of any such claim, lawsuit or any legal proceedings, and the Company must assist the user in the defence of any such claim, lawsuit other legal proceedings for the user's account.
  12. Termination
    1. These Terms come into force when the user clicks the 'Register' button and will continue to run as long as the user is registered as a user in the database or until such time as new terms replace the present Terms.
    2. The Company is entitled to cancel a user's registration at any time, including deleting the information registered, in the event that the user infringes the present Terms or if the Company is not able to verify or authenticate the information placed on the website by the user. In that case, the present Terms between the user and the Company will lapse.
  13. Governing law
    1. These Terms are governed by the law of England and Wales.
  14. Jurisdiction
    1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
  15. Entire agreement
    1. These Terms, together with the documents referred to in them, constitutes the entire agreement and understanding between the parties in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous agreement between the parties in relation to such matters.
    2. Each of the parties acknowledges and agrees that in entering into these Terms, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) other than as expressly set out in these Terms and any document referred to in them. The only remedy available to either party in respect of any such statements, representation, warranty or understanding shall be for breach of contract under the terms of these Terms.
    3. Nothing in these Terms shall operate to exclude any liability for fraud.