1. About these Terms

These Terms of Use govern your use of www.includeframework.co.uk and the products, resources and services made available by The INCLUDE Framework through the website and associated learning platforms.

They apply when you:

  • browse or use our website;
  • download a free resource;
  • purchase a digital product or toolkit;
  • create an account;
  • enrol on a course or programme;
  • attend a webinar or online learning activity;
  • participate in an INCLUDE community;
  • purchase coaching, training or consultancy services; or
  • otherwise access material supplied by The INCLUDE Framework.
  • By using the website or purchasing or accessing our products or services, you agree to these Terms.
  • If you do not agree to these Terms, you should not use the website or access the relevant product or service.


For these Terms: “INCLUDE”, “we”, “us” or “our” means INCLUDE Framework, trading as The INCLUDE Framework.

2. About The INCLUDE Framework

The INCLUDE Framework provides practical SEND and inclusion resources, digital products, professional learning, courses, coaching, training and consultancy primarily for teachers, SENCOs, inclusion leaders, pastoral staff, school leaders, schools and trusts.

Our resources are intended to help education professionals strengthen practical SEND and whole-school inclusion practice.

The INCLUDE Framework and its resources are created and led by Evelyn Tobun.

3. Who may use our services

Our professional products, courses and services are primarily intended for adults and organisations working in education.

You must be at least 18 years old to make a purchase from us in your own name unless the purchase or participation has been expressly arranged by a parent, guardian, employer, school or other responsible organisation.

Where you use our website or services on behalf of a school, trust, company or other organisation, you confirm that you have authority to act on behalf of that organisation where required.

4. Your account

Some products and services are provided through an online account, including through our learning platform.

You are responsible for:

  • providing accurate registration information;
  • keeping your login details confidential;
  • taking reasonable steps to prevent unauthorised access to your account; and
  • notifying us if you believe your account has been compromised.
  • Unless your licence expressly allows multiple users, an individual account is for the registered user only.
  • You must not share your password or permit another person to use an individual account to avoid purchasing the appropriate access or licence.
  • We may require you to reset account credentials where reasonably necessary for security.

5. Thinkific and third-party platforms

The INCLUDE Framework currently uses Thinkific to provide aspects of its website, accounts, digital products and learning environment.

Your interaction with certain third-party services may also be subject to the provider’s own terms and privacy policies.

We are not responsible for changes, outages or technical failures occurring entirely within a third-party platform and outside our reasonable control, although we will take reasonable steps to assist where access to a product you purchased from us is materially affected.

6. Orders and formation of a contract

The presentation of a product or service on our website is an invitation to purchase it and does not necessarily constitute acceptance of an order.

A contract is normally formed when:

  • you submit an order;
  • payment is successfully authorised, where payment is required; and
  • we confirm your purchase or provide access to the product or service.
  • You should review the product description, licence type, price, access period and other material information before completing your purchase.
  • We may decline or cancel an order before supply where, for example:
  • payment cannot be authorised;
  • the product was displayed at an obvious pricing error;
  • we reasonably suspect fraud or misuse;
  • we cannot provide the service; or
  • accepting the order would be unlawful.
  • If we cancel an order for which you have already paid and you have not received the relevant product or service, we will refund the amount paid.

7. Prices and payment

Prices will be displayed on the relevant product, programme or checkout page.

Where applicable, prices will identify whether taxes such as VAT are included or added.

You agree to pay the price shown to you before confirming your purchase.

Payment may be processed by a third-party payment provider. Their terms may apply to the payment transaction.

We may change prices for future purchases, but a price change will not retrospectively change the price of an order that we have already accepted.

8. Digital products

Our digital products may include:

  • The INCLUDE Checklist;
  • The INCLUDE Implementation Toolkit;
  • templates;
  • worksheets;
  • downloadable PDFs;
  • editable resources;
  • video materials;
  • webinar recordings;
  • guides;
  • slide packs; and
  • other digital educational materials.


Your purchase gives you a licence to use the product in accordance with these Terms and the licence stated for the product. It does not transfer ownership of the intellectual property to you.

Where a product contains product-specific licence terms, those terms form part of your agreement with us.

9. Individual, school and organisational licences

Unless a product page or licence expressly says otherwise, digital resources supplied under an individual licence are licensed only to the individual purchaser for their own personal and professional use.

Depending on the product, we may make different licences available.

  • Licence type
  • Typical permitted use
  • Individual licence
  • For use by one named purchaser.
  • School licence
  • For authorised use by staff within one named school, subject to the licence supplied with the product.
  • Trust or organisational licence
  • For agreed use across multiple schools, settings, teams or an organisation.


The licence purchased determines how widely the resource may be used.

Purchasing an individual licence does not automatically give a school, department, trust or organisation permission to distribute copies to its staff.

10. Intellectual property rights

Unless otherwise stated, all intellectual property rights in:

  • The INCLUDE Framework;
  • the INCLUDE name and branding;
  • logos and visual identity;
  • framework methodology;
  • written content;
  • checklists;
  • templates;
  • worksheets;
  • diagrams;
  • presentations;
  • videos;
  • training materials;
  • course content;
  • downloadable files;
  • graphics; and
  • other original material belong to or are licensed to The INCLUDE Framework. All rights are reserved.


Except where your licence expressly permits it, or where permitted by law, you must not:

  • copy or reproduce our products;
  • share downloaded files with another person;
  • distribute resources outside the agreed licence;
  • upload resources to an intranet, shared drive, resource library, virtual learning environment or public website;
  • republish or commercially exploit our content;
  • sell or sublicense our material;
  • remove copyright, branding or attribution;
  • adapt our resources to create products for resale;
  • represent the INCLUDE Framework or its methodology as your own;
  • systematically scrape, extract or harvest our content; or
  • use substantial amounts of our proprietary material to train, develop or commercially operate an artificial-intelligence or machine-learning system except where expressly authorised by us or permitted by law.
  • Nothing in these Terms prevents uses that cannot lawfully be restricted, including applicable statutory copyright exceptions.

11. Free resources

Resources provided free of charge remain protected by copyright.

“Free” means there is no purchase price. It does not mean the resource is free of intellectual-property restrictions.

Unless expressly stated otherwise, free resources are supplied for your individual personal or professional use and may not be resold, republished, uploaded publicly or commercially exploited.

You may link other people to the official INCLUDE webpage so that they can obtain their own copy.

12. Courses and learning programmes

Course enrolment provides access to the learning material included in the programme you purchased.

The product page or checkout will specify, where relevant:

  • what the programme contains;
  • its price;
  • whether it is self-paced or scheduled;
  • any access period;
  • whether live sessions are included;
  • downloadable materials; and
  • any significant prerequisites or limitations.


We may update course materials to maintain their relevance, accuracy or presentation.

We will not deliberately remove a substantial part of a paid programme in a way that materially deprives you of what you purchased without providing an appropriate alternative or remedy where required by law.

Access described as being available for a stated period is limited to that period. You should not assume that online access is permanent unless we expressly state that it is.

13. Coaching, training and consultancy

Coaching, bespoke training, audits, school reviews and consultancy may be subject to a separate proposal, scope of work, booking terms or agreement.

Where a separate written agreement exists, that agreement will take precedence over these Terms in relation to matters such as:

  • scope;
  • deliverables;
  • dates;
  • fees;
  • cancellation;
  • confidentiality;
  • data processing;
  • expenses; and
  • intellectual-property arrangements.

For more information on coaching see our booking terms and conditions provide further information.

Nothing on the general website constitutes a binding commitment to provide a particular consultancy outcome until the relevant engagement has been agreed.

14. Consumer cancellation rights

If you purchase from us as an individual acting mainly outside your trade, business, craft or profession, you may be a consumer and have statutory cancellation and other consumer rights.

For many distance contracts, consumers have a 14-day cancellation period. Different rules may apply depending on whether you purchase digital content, services or another type of product.

Immediate digital downloads

If you ask us to provide digital content immediately rather than waiting for the cancellation period to expire, we may ask you to:

  • expressly consent to supply beginning immediately; and
  • acknowledge that you will lose your statutory cancellation right once supply of the digital content begins.


Where the statutory requirements are met, your cancellation right may therefore end when the download, streaming or other digital supply begins.

This does not remove your statutory rights if the digital content is faulty, not as described or otherwise fails to comply with consumer law.

Services

Where you ask us to begin providing a service during a statutory cancellation period, different rules may apply.

If you cancel after performance has begun, you may in appropriate circumstances be required to pay a proportionate amount for services already supplied.

Where a service has been fully performed following the legally required request and acknowledgement, the statutory cancellation right may end.

We will provide any legally required cancellation information at or before purchase.

These statutory consumer rights do not generally apply in the same way where a school, trust, company or other organisation buys from us for business purposes.

15. Refunds

Nothing in these Terms limits your statutory rights.

Where a refund is required by law, we will provide it in accordance with those requirements.

Digital content supplied to consumers must meet applicable statutory requirements, including being of satisfactory quality and, where applicable, fit for purpose and as described.

Any additional commercial refund or cancellation policy displayed on the relevant product page or checkout forms part of the purchase terms for that product.

A voluntary refund policy does not reduce rights provided by consumer law.

16. Professional and educational disclaimer

INCLUDE resources provide general educational and professional guidance.

They do not constitute:

  • legal advice;
  • medical advice;
  • clinical advice;
  • therapeutic advice;
  • safeguarding advice;
  • regulatory advice;
  • a diagnosis of SEND; or
  • a replacement for specialist assessment.


They do not replace:

  • the SEND Code of Practice or other applicable statutory guidance;
  • safeguarding procedures;
  • school behaviour or attendance policies;
  • equality duties;
  • data protection requirements;
  • professional assessment;
  • specialist advice; or
  • your school’s policies and procedures.

17. Professional responsibility

Schools, leaders and practitioners remain responsible for decisions made in relation to individual pupils, staff, families and school systems.

INCLUDE tools are designed to support professional reflection and action. They are not instructions that should automatically be applied to every individual or situation.

You remain responsible for determining:

  • whether a particular approach is appropriate;
  • whether specialist advice is required;
  • whether a safeguarding concern needs escalation;
  • whether statutory processes apply;
  • whether information should be recorded or shared; and
  • whether a proposed adjustment or intervention is appropriate for the individual pupil.
  • Where safeguarding concerns arise, your organisation’s safeguarding procedures should be followed immediately.

18. No guarantee of outcomes

We aim to provide useful, practical and high-quality educational resources.

However, educational environments differ significantly.

We do not guarantee that using an INCLUDE resource, programme or approach will produce:

  • a particular pupil outcome;
  • a particular inspection result;
  • a particular SEND decision;
  • improved examination results;
  • a reduction in exclusions or absence;
  • funding;
  • approval by a regulator;
  • a particular school performance rating; or
  • any specific financial or professional result.

Case studies, examples and testimonials illustrate individual experiences and should not be treated as guarantees of future results.

19. Pupil and confidential information

You must not post or submit identifiable pupil information, safeguarding records, medical records or other confidential or special-category information through general website forms, course discussions or community spaces unless a secure process has specifically been agreed with us.

Where we need to process personal information during a consultancy engagement, appropriate arrangements will be agreed separately.

Where possible, school examples shared in learning activities should be anonymised.

20. Community and user contributions

Where we provide discussion areas, communities, comments, Q&A facilities or other interactive services, you are responsible for what you post.

You must not post content that:

  • identifies pupils unnecessarily;
  • breaches confidentiality;
  • infringes another person’s rights;
  • is unlawful;
  • is threatening or abusive;
  • is discriminatory or harassing;
  • is defamatory;
  • contains malware or harmful code;
  • promotes illegal activity;
  • impersonates another person; or
  • constitutes unsolicited commercial advertising or spam.

You retain ownership of original material that you contribute.

By posting content to an INCLUDE community or learning space, you grant us a non-exclusive, royalty-free licence to host, store, reproduce and display that content only as reasonably necessary to operate, moderate and provide the relevant service.

You remain responsible for ensuring that you have the right to share anything you post.

21. Acceptable use of the website

You must not:

  • interfere with the operation or security of the website;
  • attempt to gain unauthorised access to accounts or systems;
  • introduce viruses or malicious technology;
  • scrape the website on a large scale without permission;
  • circumvent access or payment controls;
  • misuse another user’s account;
  • use our services fraudulently;
  • use the website for unlawful purposes; or
  • use our intellectual property in breach of these Terms.

22. Suspension or termination

We may suspend or terminate access to an account, product or community where we reasonably believe there has been:

  • a material breach of these Terms;
  • deliberate intellectual-property infringement;
  • unauthorised account sharing;
  • fraudulent activity;
  • abusive or dangerous conduct;
  • a serious confidentiality breach; or
  • unlawful use of our services.


Where appropriate, we will act proportionately and may give you an opportunity to remedy a breach before access is terminated.

Nothing in this section removes any refund or other statutory right you may have.

23. Website availability

We aim to keep our website and online services available and functioning, but uninterrupted access cannot be guaranteed.

We may occasionally suspend access for:

  • maintenance;
  • security;
  • updates;
  • technical problems;
  • platform changes; or
  • circumstances outside our reasonable control.


Where a prolonged interruption materially prevents you accessing a paid service, we will take reasonable steps to restore access or provide an appropriate remedy.

24. External links

Our website and learning materials may contain links to external websites, research, legislation, government guidance or other third-party resources.

Links are provided for convenience or reference.

Unless expressly stated otherwise, a link does not mean that we control, approve or endorse all content on the external website.

External websites operate under their own terms and privacy policies.

25. Limitation of liability

Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

In particular, nothing excludes or limits liability for:

  • death or personal injury caused by negligence where liability cannot lawfully be excluded;
  • fraud or fraudulent misrepresentation; or
  • statutory consumer rights that cannot lawfully be excluded or restricted.


If you are a consumer, we are responsible for losses that are a foreseeable result of our breach of contract or failure to use reasonable care and skill, subject to applicable law.

We are not responsible for losses caused solely by:

  • your failure to follow professional or statutory requirements;
  • applying a resource in circumstances for which it was not intended;
  • information you supplied inaccurately;
  • unauthorised modification or redistribution of our materials; or
  • events outside our reasonable control, except where the law provides otherwise.


If you purchase on behalf of a business, school, trust or organisation, additional limitations of liability may be contained in the applicable order, licence, proposal or service agreement.

26. Consumer rights

Nothing in these Terms is intended to exclude rights that cannot lawfully be excluded.

Where these Terms conflict with a mandatory consumer right, the mandatory right prevails.

27. Privacy and cookies

Our processing of personal information is governed by our Privacy Policy.

Our Privacy Policy covers information associated with website visits, downloads, purchases, courses, coaching, consultancy and our Thinkific learning environment.

Our use of cookies and similar technologies is described in our Cookie Policy and cookie controls.

28. Changes to these Terms

We may update these Terms where reasonably necessary, including to reflect:

  • changes to our services;
  • changes in technology;
  • changes to our licensing arrangements; or
  • changes in law or regulatory guidance.


Updated Terms will be published on the website together with their effective date.

We will not use a change to these Terms to retrospectively remove material rights from an existing paid purchase where doing so would be unlawful or unfair.

Where a material change affects an ongoing service, we will provide appropriate notice where required.

29. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

30. No waiver

If we do not immediately enforce a right under these Terms, that does not mean we have waived that right.

31. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales.

If you are acting as a business, the courts of England and Wales will have jurisdiction, subject to any different provision in a specific written agreement.

If you are a consumer, nothing in this section removes any mandatory rights you have under the law of the country in which you live or any right you have to bring proceedings in a court available to you under applicable consumer law.

32. Complaints

If you have a complaint about a product, service or your use of the website, please contact us first at: [email protected]

Please provide enough information for us to investigate the issue.

We will try to resolve complaints fairly and within a reasonable period.

Where applicable law requires us to provide information about an alternative dispute resolution service after an unresolved consumer complaint, we will do so.

33. Contact us

Questions concerning this policy should be directed to:

The INCLUDE Framework

Website: www.includeframework.co.uk

Email: [email protected]