Educake Terms and Conditions of Service
By using, you agree to the terms and conditions below. If you have any questions, email us at firstname.lastname@example.org.
Updated 24th October 2019
These Terms form a legally binding contract between you and Educake Ltd, a limited company registered in England and Wales under registration number 07839821, with its registered address at The Old Chapel, Union Way, Witney, Oxfordshire, OX28 6HD and its subsidiaries (“We", "Us" and / or "Our").
By using the Website and / or the goods or services, you affirm that you are at least 18 years of age or that you have the permission of your parent or guardian. You agree that you are fully able and competent to enter into the Terms and abide and comply with these Terms.
The Website, products, applications and any content forming part of the Website and the goods and services are owned by Us or Our affiliates, subsidiaries, licensors or suppliers.
Subject to these Terms, We hereby grant you a personal, non-exclusive, non-transferable limited scope licence to access the Website and App, and all content included within the Website and App. If you breach any of these Terms you may be denied access to the Website and App and We may terminate or suspend this licence.
Please keep a copy of these Terms for future reference. We may change these Terms for legal, regulatory or security reasons or for any other reason by giving you notice by email or via updates or posting on our Website or by asking you to re-confirm your acceptance of the Terms. Your continued use of our Website or App will be deemed your acceptance of the amended Terms.
1 YOUR LEGAL OBLIGATIONS AND PROMISES TO US
1.1 you confirm that:
1.1.1 you are 18 years old or over or that you have the permission of your parent or guardian;
1.1.2 all information and details provided by you is true, accurate and up to date. The rights granted under these Terms are personal to you and you must not make the Website or App available to anyone else;
1.1.3 you will comply with the Rules of Conduct relating to your use of the Website or App as set out in Section 4 and 5 below, and you will comply with any other restrictions set out elsewhere in the Terms;
1.2 you agree to compensate Us where We pay damages or incur any other loss or expenses (including any legal fees in relation to such claim or damages) following any claim made by a third party in respect of any matter in relation to or arising from your use of the Website or App including any breach of these Terms or your violation of any law or the rights of a third party.
1.3 If We take legal action against you for non-payment or any other breach of these Terms and a court makes an award in Our favour, you will be responsible for all costs allowable by the courts.
2.1 If you change your mind about any goods or services purchased from Us, you may return them, with your receipt or proof of purchase, within 14 days of purchase or the end of your trial period (if applicable) and We will give you a full refund provided that the goods and services are unused. This does not affect your statutory rights as a consumer.
3 YOUR ACCOUNT / USE OF THE WEBSITE OR APP
3.1 Use of the Website or App may require you to create an account. If you don’t already have an account and such account is required, you will be prompted to set one up before using the Website or App or any of the goods or services ("your Account"). Your access to the Website, App, goods and services will be linked to your Account and you are required to comply with the requirements set out in these Terms together with any terms you may have signed up to in relation to your Account.
3.2 If any information you provide in connection with your Account is untrue, inaccurate, out-of-date or incomplete then We reserve the right to refuse your current and future use of the Website, App, goods or services and in such event the licence granted to you under these Terms will be suspended and / or terminated.
3.3 We do not have the means to check the identities of people using the Website or App and will not be liable where your Account is used by someone else. You agree to notify us immediately if you become aware of any unauthorised use of your Account.
3.4 We reserve the right to remove any content from the Website or App at Our sole discretion.
4 RULES OF CONDUCT AND YOUR USE OF THE WEBSITE OR APP
4.1 you agree that in using the Website or App you will not:
4.1.1 use the Website or App for any purpose other than for your personal or stated commercial use;
4.1.2 reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivate works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Website or App or any portion thereof;
4.1.3 access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website’s or App's security measures;
4.1.4 partake in any behaviour that We deem inappropriate and disruptive, or against the tone and nature of the Website or App (where user-generated content or an online community exists);
4.1.5 harass, threaten, embarrass, spam or do anything else to another person that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation or religion (where user-generated content or an online community exists);
4.1.6 organise or participate in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, invasive of personal privacy or encourages conduct that would violate a law or in a reasonable person's view be objectionable and / or inappropriate (where user-generated content or an online community exists);
4.1.7 use abusive, offensive, or defamatory screen names and / or personas;
4.1.8 impersonate any other person, or indicate falsely that you are an employee or a representative of Our or any of Our partners or affiliates;
4.1.9 promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and / or distribution of counterfeit software;
4.1.10 upload any files that contain a virus, Trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt the Website, goods or services;
4.1.11 improperly use Website support or make false or spurious reports to Us; and
4.2 you will obey all local laws, regulations and rules that apply to Website or App activities when you use the Website or App.
4.3 We reserve the right to access, monitor and / or record any online activity within the Website or App and your Account and you give Us your express consent to access and record your activities.
4.4 Any breach or potential breach of any of the above rules of conduct shall be determined by Us at Our sole discretion.
4.5 Subject to Section 11, We have no liability for any loss or damage caused by your or any third party's violation of the rules of conduct set out in this Section 4.
5 USER GENERATED CONTENT
5.1 All remarks, suggestions, ideas, graphics, or other information communicated, posted or uploaded by you to the Website or App ("User Generated Content" or "UGC") shall forever be Our property. We shall have exclusive ownership of all present and future existing rights to the UGC of every kind and nature, everywhere.
5.2 We shall be entitled to use your UGC for any purpose whatsoever, without compensation to you or any other person submitting the UGC.
5.3 You acknowledge that you are responsible for whatever material you submit, and you, not Us, have full responsibility for the UGC, including its legality, reliability, appropriateness, originality, and copyright. You agree that We shall not under any circumstances be liable for any UGC.
5.4 We, or third parties engaged by Us, may monitor and / or moderate UGC but We do not guarantee the accuracy, quality, or integrity of any UGC posted via the Website or App. By using Our Website or App, you acknowledge and accept that you may be exposed to material you find offensive or objectionable.
5.5 We reserve the right to remove and permanently delete any UGC from the Website or App with or without notice.
6 WEBSITE AND APP UPDATES
6.1 We do not guarantee the availability of the Website or App. We may install updates, upgrades and additional features that We deem reasonable, beneficial to you and / or reasonably necessary. These Terms shall apply to any updates, upgrades and / or additional features that are not distributed with a separate license or other agreement.
7 TERM PERIOD
7.1 These Terms apply to your use of the Website, App, goods and services at all times, and shall also govern your use of the Website or App from the date that you first use the Website or App and shall continue until you no longer use or cancel your Account or We terminate this licence.
8 STANDARD SUBSCRIPTION CONTRACT TERMS
8.1 We will supply Our products and services to you under a licence to use them (the “Licence”) in accordance with these Terms.
8.2 The Licence provided to you allows the assigned students and teachers selected by you the right to use the purchased product(s) at home or school.
8.3 Where this agreement relates to an individual school subscription, licences must be assigned to student users within your school. You will have access to curriculum, content or tools available within the product(s) at no extra charge.
8.4 Our product(s) are continuously evolving. We will provide telephone and email support services to you. Contact details for such support can be found at www.educake.co.uk/contactus.
8.5 The first 30 days of the Term shall be a trial period, during which all of the provisions of these Terms shall apply, save as follows:
8.5.1 you shall have no obligation to pay in respect of the trial period;
8.5.2 either party may terminate the Licence immediately by giving written notice to the other party at any time before the end of the trial period (in which case no liability to pay any Charges in respect of Website access).
8.6 You will pay any charges to Us within 30 days of the date of the issue of an invoice.
8.7 All charges stated in or in relation to the Terms are stated exclusive of VAT, unless the context requires otherwise. VAT will be payable by you to Us in addition to the principal amounts.
8.8 Charges may be paid by debit/credit card, cheque, bank transfer (using such payment details as are notified by Us to you from time to time) or by PayPal.
8.9 If you do not pay any amount properly due to Us under or in connection with these Term or the Licence, We may:
8.9.1 charge you interest on the overdue amount at the rate of 4% per year above the base rate of HSBC Bank Plc from time to time (which interest will accrue daily and be compounded quarterly); or
8.9.2 claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 you acknowledge that all intellectual property rights in the Website or App, all content appearing within the Website or App throughout the world belong to Us, Our licensees or affiliates, that rights in the Website are licensed to you and you do not acquire any rights in the Website or App other than the right to use the Website or App under the terms of this licence. By content, we mean the software, video, audio, music, text, characters, communications, images, sounds and all material and information included within the Website or App and any related services.
9.2 Any use by you of any of Our intellectual property other than as permitted under these Terms may only be undertaken with Our prior express written authorisation. Nothing contained within these Terms shall be construed as conferring any right, whether by implication, estoppel or otherwise, to use any intellectual property in the Website or App other than as expressly permitted in these Terms.
10 SUSPENSION AND TERMINATION
10.1 We may suspend, restrict or terminate your access to the Website or App, and consequently suspend or terminate the licence granted to you under these Terms, if:
10.1.1 you breach any of the restrictions or provisions in these Terms;
10.1.2 for reasons of a system failure, maintenance or repair or due to events beyond Our reasonable control; and / or
10.1.3 We decide to withdraw the Website, App and related services from the market for any reason in Our sole discretion.
10.2 Should We wish to terminate this licence We will notify you in writing by email or within the Website. Upon termination the rights and the licence granted herein will terminate and you must cease all use of the Website and related services.
11 OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
11.1 As a reminder to you, We are under a legal duty to ensure that the Website complies with the contract between us. If the Website or App fails to work or otherwise fails to comply with the contract between us, we will offer you a corrected version of the Website or App where possible. We will only pay compensation to you in the event the Website or App damages your device as result of Our failure to exercise reasonable care and skill.
11.2 Nothing in these Terms shall exclude or limit Our liability for fraudulent misrepresentation, death or personal injury resulting from Our negligence or the negligence of Our employees or agents, or any other liability which cannot be excluded or limited under applicable law.
11.3 We do not accept any liability for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation of the App or use of the Website.
11.4 Access to the Website or App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or due to events beyond Our reasonable control including but not limited to fire, flood, storm, riot, civil disturbance, strikes or other industrial action, war, nuclear accident, terrorist activity and acts of God.
11.5 We do not make any representation or give any guarantee (whether express or implied) in respect of the Website, App, goods or services, including, without limitation, any advice given to you (on a personal or general basis).
11.6 Our liability in tort, contract, negligence, non-fraudulent pre-contractual or other representations, or otherwise arising out of or in connection with these Terms and / or in connection with the Website or App shall be limited in aggregate to the sum paid by you to Us in the one year period prior to any claim issued by you.
12 ENTIRE AGREEMENT
13.1 If any of the Terms are or become illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
13.1.1 the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or
13.1.2 the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.
14 RIGHTS OF THIRD PARTIES
14.1 A person who is not a party to the Terms may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
15.1 No waiver of any of the Terms shall be valid unless provided in writing by Us.
16 DATA PROTECTION, SECURITY AND PRIVACY
16.2 We will co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone breaching any provision of these Terms due to behaviour that may be deemed a criminal offence or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law to disclose information about you or your use of the Website or Ap.
16.3 We are registered as a data controller for the purposes of the Data Protection Act 2018. Our registration number on the register of data controllers maintained by the Information Commissioner is ZA155224. Services to UK schools fully comply with the Data Protection Act. If you have any queries about how We use your personal data please contact email@example.com.
17 HOW TO CONTACT US FOR SUPPORT OR TO REPORT COMPLAINTS, FAULTS OR ABUSE
17.1 If you require customer support or would like to report a complaint, a fault or abusive behaviour or if you have any other questions or comments in relation to the Website or App and related services then you may contact Us at the email address or postal address as set out in the Website.
18 GOVERNING LAW AND JURISDICTION
18.1 In the event of any dispute between you and Us concerning these Terms, the laws of England and Wales will apply, to the extent permitted by local law. If you wish to take court proceedings against Us you must do so within England and Wales.