Terms and Conditions

Last updated on 25 July 2019

Please read the terms and conditions (“Terms”) carefully. These Terms govern your use of “EdPlace” (the “Service” or "Website") located at the website www.edplace.com (and any other website or application 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 Telford Associates Limited, The Mount, Barrow Hill, Sellindge, TN25 6JQ. 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 (details above), trading as EdPlace.com. Our principal place of business is at 1 Long Lane, London, SE1 4PG and our email address is [email protected], Our VAT number is GB161242835.

If you use the EdPlace Service via the Company’s apps on Apple’s iOS or Google’s Andriod (together the ‘Apps’), you have downloaded the Apps from the app store of a third party and the general terms and conditions and/or terms of use of the app store will apply in addition to these general terms and conditions. Please be sure to review the terms of use that apply in your country.

In the event of any conflicts, these Terms will prevail.

 

2. Your Obligations to us

When you use the Service you agree to abide by these Terms and Conditions.  If you are a Parent, you also confirm you consent to the processing of your child’s data in accordance with our Privacy and Cookie Policy. If you are an Educator, you confirm that you have the consent of the child’s parent or legal guardian to the processing of the child’s data in accordance with our Privacy and Cookie Policy.

 

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 protected].

 

4. Use of EdPlace

You will be able to access some areas of EdPlace without registering as a registered user of the Service. However, by accessing any part of EdPlace you agree to be bound by these Terms and, in particular, agree to the Privacy and Cookie Policy

 

5. User types

To register as a Member of EdPlace you must be over eighteen years of age.

 

There are 5 types of users of the Service:

- Paying parent Members (“Parent Member”)

- Paying tutor, school, teacher or administrator Members (“Educator Member”)

- Students with access to their student account (“Active Student”)

- Students without access to their student account (“Inactive Student”)

- Non-paying parents and educators (“Inactive Users”) 

 

To get full access to the Service you must become a Parent Member or Educator Member (together “Member”).

 

6. Member Subscription Plans

To register as a Member, you must provide your contact details (including email address), set a secure password, choose a monthly or annual plan (a "Subscription Plan") and pay via credit or debit card with the Company. Educator Members can request to by BACS.  Our Subscription Plans are as follows:

• Monthly Subscription (billed every calendar month); and

• Annual Subscription (billed every 12 calendar months).

 

The Subscription Plan rate is calculated by subject access and the number of Active Students.  For full details visit the pricing page.  All prices are expressed inclusive of any VAT payable unless otherwise indicated. 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 9 for details).  We reserve the right to vary the Subscription Plan rates at any time.

Please note that if you purchase a subscription through the Apps, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s and Google’s applicable payment policy, which also may not provide for refunds. 

 

7. Member Subscription

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 Member your credit/debit card will be charged for your Initial Term.  You will also be sent a confirmation by email to your notified email address. You can cancel your Subscription Plan 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 Level 1 PCI compliant payment processing providers. No credit/debit card details are stored by EdPlace Limited.

If you’re an Educator Member and choose to pay by BACS your Initial Term will start on the date payment is received by the Company.

 

8. Member Trial

Some Members are offered a free or 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 Members on a Trial. For Parent Members the Trial is available only once to any one person with only one member of a household and for Educator Members it’s available only once for the education institution.  Subsequent trials by the same person at any address, or by any other person at the same address are not permitted.  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, we reserve the right to charge you the full rate for these changes.

 

9. Changing your Subscription Plan

As a Member you may upgrade or downgrade your Subscription Plan at any time.  You can upgrade your account by adding Active Students to your account or upgrading subject access to the students 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 changing Active Students to Inactive Students or downgrading Active Students 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.

 

10. Ending your Subscription Plan

As a Member you may end your Subscription Plan at anytime. You can cancel your Subscription Plan in your account or by sending us a cancellation request to [email protected]. 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 protected]. We reserve the right not to make any refund in these circumstances. All cancellation requests must give your first name, last name and EdPlace registered email address and inform us of your intention to cancel. We reserve the right not to give refunds for any unused Subscription Plan.

 

Please note that in the case of an App subscription, your subscription will be subject to Apple’s and Google’s applicable payment policy and you have the right to withdraw from the respective operator of the app store. You may cancel your subscription by cancelling automatic renewal of paid App subscription on Apple and Google in account settings, or according to the current process outlined by Apple or Google.

 

11. Cooling off period

In addition to your right to end your Subscription Plan in accordance with clause 10 of these Terms if you are a consumer in the United Kingdom or any country that is a member of the European Union, you have a legal right to cancel your Subscription Plan under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 at any time until the expiry of the fourteenth (14th) day from the date of payment for the Initial Term. In the event of cancellation in accordance with this clause before you have commenced use of the Service, you will receive a full refund of the price you have paid for the Initial Term. In the event that you cancel in accordance with this clause once you have commenced use of the Service, you agree that we have the right to deduct our reasonable charges from any refund. If the reasonable charges exceed the price you paid for the Initial Term you will not be eligible for a refund. Reasonable charges include costs associated with setting up and administering your account. We will process the refund as soon as possible and, in any case, within fourteen (14) days of the day on which you gave us notice of cancellation. Cancellation may be made by emailing us at [email protected] or by sending us the cancellation form available at support.edplace.com.

 

12. Educator Members

To register as an Educator Member you must be a verified teacher, tutor or administrator of an education institution. We reserve the right to accept or reject your status as a verified Educator Member and the right to change your status at anytime. If you’re not verified you will not be able to use the Service as an Educator Member.

 

13. 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.

 

14. Privacy and data collection

Your privacy is important to us. You agree that we may collect, store and use information about you in accordance with our Privacy & Cookie Policy. You acknowledge and agree to be bound by the terms of our Privacy & Cookie Policy. You can find our Privacy & Cookie Policy here.

 

15. Password and security

If you register to become a 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 protected].

 

16. 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.

 

17. Availability of EdPlace

Although we aim to offer you the best service possible, we can 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 [email protected] 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.

 

18. Cancellation by us

We reserve the right to cancel or restrict your use of the Service at our discretion.   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.

 

19. Disclaimer of Warranties and Limitations on Liability

Nothing in this clause 20 (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;

• death or personal injury caused by its negligence (including negligence as defined in s.65 Consumer Rights Act 2015); or

• liability to the extent the same may not be excluded or limited as a matter of law.

Subject to the provisions of the Consumer Rights Act 2015, 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. 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.

 

20. 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.

 

21. 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.

 

22. 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.

 

23. Miscellaneous

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 or complaints please contact Customer Services by email at [email protected], or by telephone on +44 (0)207 1839818.