Last amended on 16 January 2013
Please read the terms and conditions (“Terms”) carefully. These Terms govern your use of “EdPlace” (the “Service”) located at the website www.edplace.com (and any other website operated by EdPlace Limited).
In these Terms, the terms “the Company”, “we”, “us” and “our” means EdPlace Limited (a company incorporated in England and Wales with the registered company number 7448614 and registered office at Court Farm House, Overton, Basingstoke, Hants, RG25 3HF, UK. The terms “you” or “your” means you as a user of EdPlace.
Please read the Terms carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms, please do not use the Service or become a registered user of the Service ("Member").
Please note that these Terms do not affect your statutory rights.
1. Your Contract
Your contract is with EdPlace Limited, trading as EdPlace.com, a private limited company incorporated in England and Wales (registered company number 7448614).
2. Your Obligations to us
When you use the Service you agree to abide by these Terms and Conditions.
3. Intellectual Property
The content on the Service is owned by EdPlace Limited and is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content on the Service on a computer screen or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on EdPlace without written permission from EdPlace Limited. Making unauthorised copies of content found on the Service may result in the termination of your membership and further legal action. If in doubt you should consult email@example.com.
4. Use of EdPlace
You will be able to access some areas of EdPlace without registering as a registered user of the Service (“Member”). However, by accessing any part of EdPlace you agree to be bound by these Terms. To register as a Member of EdPlace you must be over eighteen years of age.
5. Subscription Plans
To get full access to the Service, you will need to become a paying Member (a "Subscriber"). To register as a Subscriber, you must provide your contact details, set a secure password, choose a monthly, quarterly or annual plan (a "Subscription Plan") and pay via credit or debit on WorldPay or set up a Direct Debit with the Company. Our Subscription Plans are as follows:
The Subscription Plan rate is calculated by subject access and the number of children. For full details visit the pricing page or if you're a private tutor visit the tutor page (all prices are expressed inclusive of any VAT payable). These prices may be changed from time to time. Once you have subscribed to a Subscription Plan, this rate will not change unless you change your Subscription Plan (see paragraph 8 for details). We reserve the right to vary the Subscription Plan rates at any time.
6. Subscription Term and payments
All Subscription Plans start with an initial payment and term. This is your "Initial Term".
If you choose to pay by credit or debit card, on the date you become a Subscriber your credit/debit card will be charged for your Initial Term. You can cancel your subscription at anytime during or after your Initial Term. After your Initial Term you will be charged monthly or yearly (depending on what Subscription Plan you specified) until your membership is cancelled (your "Membership Term"). Your Membership Term begins on the next calendar date after the date on which your Initial Term ends and finishes when your membership is cancelled.
All credit/debit card payments are processed by WorldPay Limited. No credit/debit card details are stored by EdPlace Limited.
If you choose to pay by Direct Debit, on the date you become a Subscriber we will set up your Direct Debit instruction. Your first payment via Direct Debit will be for your Initail Term. You can cancel your subscription at anytime during or after your Initial Term. After your Initial Term you will be charged monthly or quarterly (depending on what Subscription Plan you specified) until your membership is cancelled (your "Membership Term"). Your Membership Term begins on the next calendar date after the date on which your Initial Term ends and finishes when your membership is cancelled.
Some Subscribers are offered offered a paid trial (the "Trial") to the Service. The Company reserves the right to vary the amount and the Trial length at any time. For the avoidance of doubt, the Trial is the Initial Term for those Subribers on a Trial. The Trial is available only once to any one person and to only one member of a household. Subsequent trials by the same person at any address, or by any other person at the same address are not permitted. As part of your Trial, you may not download more that 10 worksheets into PDF form. During your Trial period if you change your Subscription Plan by adding children to your account or upgrading subject access to the child/children you already have on your Subscription Plan, you will be charged the full rate for these changes.
8. Changing your Subscription Plan
You may upgrade or downgrade your Subscription Plan at any time. You can upgrade your account by adding children to your account or upgrading subject access to the child/children you already have on your Subscription Plan. Any increase in your Subscription Plan rate resulting from an upgrade will take effect immediately being pro-rated to the remainder of your billing period and your amended for your next billing period and will continue thereafter until you change or cancel your Subscription Plan. You can downgrade your account by removing children from your account or downgrading their subject access. Any decrease in your Subscription Plan rate resulting from a downgrade will take affect at your next billing period and will continue thereafter until you change or cancel your Subscription Plan.
You may cancel your Subscription Plan at anytime. You can cancel your Subscription Plan in your account or by sending us a cancellation request to firstname.lastname@example.org. All cancellation requests must be received by us at least 24 hours prior to the renewal date of your next billing period. We will attempt to process all cancellation requests within 24 hours after we receive the request. If you cancel your membership less than 24 hours prior to the renewal of your subscription plan and you are charged for the next membership period, you should contact us at email@example.com. We reserve the right not to make any refund in these circumstances. All cancellation requests must give your first name, last name and user id and inform us of your intention to cancel. We reserve the right not to give refunds for any unused Subscription Plan.
We provide Members with a cooling off period that gives Members an opportunity to cancel their Subscription Plan by giving notice of cancellation to EdPlace Limited. The duration of the cooling off period is 7 days from payment for the Initial Term. A full refund will be issued within 14 working days after receiving the cancellation notification. All cancellation requests should be emailed to firstname.lastname@example.org. Cancellations notified and refunds requested after the cooling off period are given at the discretion of the Company’s management.
11. Changes to Terms and Conditions
We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your use of the Service will be the version that is current and displayed on this website as at each date you access this website (or any other website operated by EdPlace Limited). Your use of the Service after changes are made means that you agree to be bound by such changes. If you do not wish to accept the new Terms and Conditions you should not continue to use the Service.
12. Privacy and data collection
13. Password and security
If you register to become an EdPlace Member you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur under your password. You can change your password at anytime by logging into your account and selecting change password. If you have any concerns relating to the security of your account please contact us at email@example.com.
14. Excluded services
The Service does not include the provision of computer or other necessary equipment to access the site. To use EdPlace you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
15. Availability of EdPlace
Although we aim to offer you the best service possible, we make no promise that EdPlace will meet your requirements. We cannot guarantee that the Service will be fault free. If a fault occurs in the service you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can. Your access to EdPlace may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
16. Cancellation by us
We reserve the right to cancel or restrict your use of the Service for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms & Conditions. If we cancel your use of the Service such cancellation would be immediate and without notice.
17. Disclaimer of Warranties and Limitations on Liability
Nothing in this clause 16 (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit the Company's liability for:
• fraud; or
• death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977); or
• liability to the extent the same may not be excluded or limited as a matter of law.
The Service and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of the Service and its content. We assume no liability or responsibility for any errors or omissions in the content of the Service; any incompatibility of the Service with any or your equipment, software or telecommunications links; technical complications including errors or interruptions to the Service; unsuitability, unreliability or inaccuracy of EdPlace; inadequacy of EdPlace to meet your requirements. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. If we are informed of any inaccuracies in the material on EdPlace we will attempt to correct the inaccuracies as soon as we reasonably can.
In no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this clause to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Subject to this clause our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the Service shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of your membership in the month preceding any such claim.
18. Third Party Websites
As a convenience to EdPlace customers, EdPlace includes links to other web sites, which are beyond our control. We are not responsible for content on the Internet or World Wide Web pages on any other site or publication outside EdPlace.
19. Applicable Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
20. International Use
EdPlace Limited makes no promise that materials on EdPlace are appropriate or available for use in locations outside the United Kingdom, and accessing EdPlace from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. If you breach these Terms and EdPlace Limited ignores this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms. EdPlace Limited shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party, which exists or is available apart from that Act.
If you have any queries please contact Customer Services by email at email@example.com, or by telephone on +44 (0)207 1839818.