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These terms and conditions regulate the business relationship between you and us. When you buy from us, you agree to be bound by them.
No person under the age of 18 years may purchase Services. If you are under 18, please ask an adult for help with your purchase.
| We are: |
Right2Learn Limited
(registered in England with no 6892088)
Contact address:
5 Drake Road
Willesborough
Ashford
Kent
TN24 0UP
Tel: 01233 646462
Email: sales@right2learn.co.uk
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| You are: |
a visitor to Our Website / our customer |
- Definitions
In this agreement:
| "Our Website" |
means the entire computing hardware and software installation that is or supports the Right2Learn website. |
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| "Services" |
means any of the services we offer for sale on Our Website and include generally available updates and support services so far as specified for each service. |
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| "Content" |
means any material in any form published on Our Website by us or any third party with our consent. |
- Our contract with you
These terms and conditions apply:
- So far as the context allows, to you as a visitor to Our Website; and
- To you as a buyer or prospective buyer of our Services; and
- To you as a parent partner or prospective parent partner.
- We shall accept your order by e-mail confirmation. The email will confirm that the assessments purchased have been allocated to your account and the contract has been made.
- We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Services.
- If, in future, you buy Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
- If we owe you money for any reason, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date of your order.
- Your account with us
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.
- If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
- You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
- Parent partner agreement
- A condition of acceptance as a parent partner is that you have an existing parent account on Our Website, via which you are a current subscriber to content.
- We shall accept you as a parent partner by e-mail confirmation. The e-mail will confirm your unique partner reference code; partnership start date; percentage of revenue share; date and process for revenue share payments to be tracked and made to you.
- We may change the nature and terms of the parent partnership agreement at any time. We may tell you about any such change by e-mail or by posting details on Our Website.
- To qualify for revenue share payments under the parent partnership agreement, you must remain a current subscriber to content on Our Website via your parent account for the complete revenue period concerned, and not miss any payments.
- Cancellation of your subscription to content on Our Website via your parent account, or failure to make a payment due for content automatically suspends the parent partnership agreement, and cancels any parent partnership revenue share payments which may have been due during the same period.
- No further revenue share payments shall be due during any periods when your parent partnership agreement is suspended. Should you renew your subscription to content on Our Website at a later date, no parent partner revenue share shall be payable for the period during which your agreement was suspended. Revenue share payments shall resume for the period following the date of your renewal to subscription of content on Our Website, which shall effectively result in the renewal of your parent partner agreement.
- Your parent partner reference code and partner revenue earned to date shall be shown within your “view account” page on Our Website.
- We reserve the right to refuse or cancel your parent partner agreement at any time, such as for commercial reasons or if we feel you have not acted or may not act appropriately and in accordance with these terms and conditions.
- You may cancel your parent partner agreement at any time. Cancellation of the parent partner agreement does not automatically cancel your subscription to content on Our Website, which must be done separately via “view account” within your parent account.
- Price, payment and service provision
- You agree to pay the charge for the Services, from the payment card, information for which you have or will have supplied to us. You authorise us to arrange withdrawal of funds on this card in accordance with our contract, without further reference to you.
- Payments are billed in advance.
- Our Services will be provided online in the way we have explained in Our Website.
- If we are not able to provide your Services within 7 days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
- The charge for the initial period of subscription is as shown on the shopping page. That payment is not refundable once the assessments have been allocated to your account. Once Service provision has started, you may cancel the Services or change your order at any time by going into your account and cancelling or changing the order details. After the initial period, further subscription payments will be due at monthly intervals until cancellation is effective. The amount of each monthly payment will be pro rata to the subscription price for the initial period.
- We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.
- If a change we make in the provision of the Services involves action on your part and you do not take that action, we are entitled to terminate the Services to you without notice.
- You may not share or allow others to use the Services in your name.
- We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
- Cancellation of order
- You may cancel your order for the initial period of subscription for the Services at any time before assessments are allocated to your account and available for you to access them. We will refund your money within 7 days.
- The Distance Selling Regulations do not provide for cancellation of a contract for Website services that begin, by agreement, within 7 days of payment. Accordingly, you do not have a right to cancel your contract for the initial period of subscription after assessments have been made available to you. In relation to subsequent periods, you may cancel or change your order as explained in paragraph 4.5 above.
This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way have provided the Services to you.
- Foreign Laws
- If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
- You are responsible for purchasing Services which you are lawfully able to use and for the payment of taxes of any kind levied in your country.
- Dissatisfaction with the Services
- If for any reason you are not completely happy with your purchase, please contact us at sales@right2learn.co.uk.
- Disclaimers
- We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.
- We give no warranty and make no representation, express or implied, as to:
- the adequacy or appropriateness of the Services for your purpose;
- the truth of any Content on Our Website published by someone other than us;
- any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used;
- compatibility of Our Website with your equipment, software or telecommunications connection.
- Our Website may contain links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
- We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services.
- In any event, including the event that any term or condition or obligation on our part ("Implied Term") is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of Services you have purchased.
- The above two sub paragraphs do not apply to a claim for personal injury.
- System Security and Use of Data
- You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
- You may not use any software tool for the purpose of extracting data from our website.
- You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
- We collect, store and process data in accordance with our Privacy Policy, a copy of which is available on Our Website. We may use all data held by us for comparison reports and other statistical analysis. Information used in this way will not be attributable to the individual child.
- If your subscription is cancelled, then you will no longer have access to the data held by us relating to your account. We reserve the right to delete that stored data.
- Intellectual Property Rights
- We will defend the intellectual property rights in connection with Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data and software).
- We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content (including children's certificates and statistical analyses) only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
- Your email address
- You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
- You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
- You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
- Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Website or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
- Miscellaneous provisions
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide services without specific charge to you, then they are deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those services.
- Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
- If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
- In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing litigation.
- We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
- This Agreement shall be governed by and construed in accordance with the law of England and we each submit to the jurisdiction of the English Courts.
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