Terms & Conditions
We understand that these terms and conditions take time to read. If you are accepting a trial of our resources, please pay particular attention to points 4 and 5. Thank you.
1. THE CONTRACT BETWEEN US
1.1 This website is owned, operated and maintained by PDC Education Limited (the "Company" or "we" or "us"). The Company is registered in England under company number 04132672 with its trading address at Allerton House, 75 Allerton Hill, Chapel Allerton, Leeds, West Yorkshire LS7 3QB.
1.2 Please read these terms and conditions carefully before registering as a member or as a guest and before ordering any resources from our site. These terms and conditions (together with the documents referred to in it) set out the rules for your use of this website and how the Company supplies the materials and resources to you and your school.
1.3 When registering on the website, please click on the button marked "Tick this box if you have read and agreed to our terms and conditions" to confirm that you accept to be bound by these terms and conditions, on behalf of your school ("School") which shall govern the agreement between us.
1.4 The Company reserves the rights to change the contents of this website, including these conditions at any time without notice, by posting such changes on the website. It is your responsibility to familiarise yourself with the conditions regularly to ensure that you are aware of any changes. Your continued use of this website following the posting of any such changes will constitute your acceptance of the revised conditions.
1.5 You should print a copy of these terms and conditions for future reference.
If you do not accept these conditions, you may not use this website and may not access any of the services or resources offered via this website.
2. CONDITIONS
2.1 These terms and conditions govern your use and your Schools use of the information and resource materials provided by the Company ("Resources") and any membership services ordered by you on behalf of your School through this website ("Services").
3. RIGHTS OF USE
3.1 If you register as an annual subscriber to the Services on this website ("Member" or "Membership") you must do so as an authorised person at your School (see paragraph ý4.5 below). Members are granted a non-exclusive, non-transferable right to review and use the resources provided by the Company as part of the Membership services for such time as the Schools Membership in your name remains in place.
3.2 For all Members, your use of the Services and the Resources is strictly restricted to these terms and conditions including the following:
3.2.1 you agree that you will only use the Services and the Resources for the legitimate purposes of your School and not in your capacity as an individual consumer;
3.2.2 you may not and may not allow others to sell, transfer, sub-licence, distribute or create derivative works from this website, the Services, the Resources or any part thereof;
3.2.3 unauthorised copying, duplication, hiring or sale of any of the Resources is strictly prohibited and screening of any video outside of the School is also prohibited;
3.2.4 Resources (including the Selected Works) may be downloaded onto one or more PCs in your School for use by multiple users and may also be installed on a teachers PC at home;
3.2.5 photocopying of the Resources is permitted by the School for circulation to students or teachers within the School; and
3.2.6 all users of the Resources must be students or teachers within the School.
3.3 You are responsible for all use made of the Services and the Resources and the Company will not be responsible for any infringement of third party rights which arise as a result of your use of these materials.
3.4 The rights granted in these terms and conditions shall only remain for so long as the School is a Member of the Services. On cancellation or expiry of these rights, the Company will terminate the user account and you and your School will no longer have access to any further Resources. You may be required to confirm in writing that you are no longer using any resources that have previously been downloaded.
3.5 The Company and its third party providers retain all rights, title and interest in and to the Resources, the Services, this website and any other materials furnished to you by the Company. All copyright remains vested with the Company (and its licensors).
3.6 All rights not expressly granted herein are reserved.
4. ORDERS AND DELIVERIES
4.1 Where you register to become a Member (to subscribe to the Services) and/or place an order to purchase certain Resources on behalf of your school, the Company is under no obligation to accept your order.
4.2 The Company will send you an email to acknowledge acceptance of your order which will bring into existence a legally binding contract between the parties, subject to these conditions.
4.3 All Resources which you order, or which are included as part of your Membership, will be made available to your account in a format for you to download.
4.4 Resources will be at your risk from the time of delivery.
4.5 It is your responsibility to ensure that School procedures are adhered to when you register to become a Member and/or place an order to purchase certain Resources via this website.
4.6 Schools can purchase multiple licences to access the resources for individual teachers. It is the responsibility of the school to co-ordinate licence requirements before placing orders.
5. MEMBERSHIP
5.1 Membership includes those who buy membership or register for a 14 day free trial membership. Where you register to trial the services, please note the following:
5.1.1 you will be given a free trial of the Services for 14 days from the date we accept your registration for Membership;
5.1.2 during the free trial period, use of the Resources is strictly limited to review and assessment purposes and you may not use the Resources for teaching purposes until you become a full Member of the Services (see below);
5.1.3 during the free trial period, you will be supplied confirmation of when your trial period is due to end;
5.1.4 it is your responsibility to cancel your free trial before end of the 14 day free trial period otherwise your registration will be processed and an invoice will be duly issued to your School for the annual membership fee at the rate then advertised on this website ("Membership Fee").
5.2 If you choose to waive the free trial and opt to purchase full membership without taking a trial, an invoice will be issued immediately, however you do have 14 days in which to cancel your order.
5.3 The Membership Fee is payable at the end of the 14 day free trial period/14 days after the date of invoice and annually thereafter ("Due Date").
5.4 If you do not wish to renew your Membership after the first year or subsequent years thereafter, you must contact us in writing or via email at least 30 days before the Due Date. Our contact details are below. If we do not receive such written notification then Membership will run for a further year and we will automatically issue an invoice for renewal.
5.5 The receipt of all cancellations received by the Company will be confirmed via email/in writing. It is the responsibility of the Member to ensure they have received this notice prior to the cancellation deadline. Cancellations received after the deadline will not be accepted without this confirmation notice.
5.6 Any correspondence relating to your Membership will be sent to the teacher who is addressed in our most recent correspondence with the School. If this contact name changes, it is the responsibility of the School to inform us to enable us to keep our records up-to-date. Should the named teacher leave the School, Membership remains with the School.
5.7 From time to time, we may have special offers which entitle the member to an extended trial period. For these special offers, members are granted the licence to use the resources fully for the specified time. Supplemental terms will be supplied with these offers and are in addition to the main terms and conditions stated.
6. PRICE AND PAYMENT
6.1 The price for Membership and for the Resources will be as quoted on our website at the date an order or registration is received from you.
6.2 The Company will endeavour to make sure that all prices advertised on the website are correct. If it discovers that the Resources you have ordered or the Membership Fees were listed at an incorrect price, it will inform you of the correct price as soon as possible. You must then re-confirm your order or cancel it; if you choose to cancel your order the Company will refund any such payments made for that order.
6.3 Prices are subject to change at any time (at the Companys sole discretion) upon the posting of such prices on the website.
6.4 Prices exclude VAT and any other applicable taxes (which will be charged at the current rate at the time of order).
6.5 All Membership Fees and payment for any Resources ordered from this website will be invoiced directly to your School.
6.6 For the avoidance of doubt, regardless of your method of payment, you confirm that all orders placed by you are done so on behalf of the School or your business and not by you as an individual.
7. CANCELLATION BY THE COMPANY
7.1 The Company reserves the right to cancel any order from you where the Resources ordered by you are no longer available; in which event the Company will refund any payments you or your School has made.
7.2 The Company reserves the right to cancel any order from you, cancel any Membership and/or cancel your entitlement to use the Services if for any reason:
7.2.1 the Company is unable to take the necessary payment by the date due; or
7.2.2 the Company reasonably believes you are using the Services in bad faith or mis-using the Services offered to you in any way;
7.2.3 the Company reasonably believes that you or your School is in breach of any part of these terms and conditions.
In which case, all rights granted to you in these terms and conditions will be terminated.
8. DISCLAIMERS AND LIABILITY
8.1 All Resources provided by the Company will be free from material defects and be of a satisfactory quality.
8.2 The Services and Resources are not designed to meet your individual Schools requirements and you are fully responsible for determining that the Resources (and any other materials you access via the Services) are: (a) sufficient and appropriate for your specific purposes; and (b) are compatible with your computer hardware and devices.
8.3 The Company shall not be liable for any defect or failures arising from your use of the Services or Resources, incompatibility of your equipment, your failure to follow instructions to access the Services, or any misuse or alteration of the Resources whatsoever.
8.4 The Company does not warrant that the website and the Services will be uninterrupted, secure or error free or that this website and the Services will be free of viruses or other harmful components.
8.5 Other than as expressly set out in these terms and conditions the company makes no representations or warranties, express or implied, including any warranties of accuracy, completeness, currentness, timeliness, merchantability or fitness for a particular purpose and does not give any warranty of non-infringement of third party rights.
8.6 The Company accepts no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of materials or data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8.7 The Company shall have no liability to pay any money by way of compensation other than to refund the amount paid for the Resources in question to the maximum aggregate sum of the Membership Fees (where appropriate). The foregoing limitations shall apply regardless of theory under which such cause of action is brought whether in contract, tort, warranty or otherwise.
8.8 Notwithstanding any other provision in this paragraph 8, the Company does not exclude or limit in any way its liability for:
8.8.1 death or personal injury caused by negligence;
8.8.2 fraud or fraudulent misrepresentation; or
8.8.3 any matter for which it would be illegal to exclude, or attempt to exclude, liability.
9. PRIVACY
You acknowledge and agree to be bound by the terms of the Companys privacy policy (available via the website), which is incorporated herein by reference.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect any statutory rights.
11. NOTICES
All notices given by you to us must be given to PDC Education Limited at Allerton House, 75 Allerton Hill, Chapel Allerton, Leeds, West Yorkshire LS7 3QB. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 10. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent from our server to the specified, supplied e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract is between your School and us and is binding on any respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under these terms and conditions.
13. EVENTS OUTSIDE OUR CONTROL
The Company shall have no liability to you for any failure to provide the Services or deliver the Resources you have ordered or any delay in doing so or for any defect to any Resources that is caused by any event or circumstance beyond its reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.
14. WAIVER
If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15. SEVERABILITY
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
These terms and conditions, together with our current website prices, contact details and privacy policy, set out the whole of the Companys agreement relating to your access to and use of this website and the Services and the supply of the Resources to you and your School. Nothing said by any sales person on the Companys behalf should be understood as a variation of these conditions or as an authorised representation about the nature or quality of any Resources offered for sale by the Company. Save for fraud or fraudulent misrepresentation the Company shall have no liability for any such representation being untrue or misleading.
17. LAW AND JURISDICTION
17.1 The contract between the Company and the School, and any matter arising from or in connection with these conditions, shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between the parties.
17.2 Any claim or cause of action against the Company arising out of or related to use of this Website, the Service or the Resources or otherwise under these terms and conditions must be filed within one (1) year after such claim or cause of action arose.
17.3 This website is intended exclusively for residents of the United Kingdom. The Company makes no representations that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. The failure of the Company to exercise or enforce any right or provision of these conditions will not constitute a waiver of such right or provision.
PDC Education, 75 Allerton Hill, Chapel Allerton, Leeds, LS7 3QB
