Terms and Conditions of Use

Effective as of 01 August 2020

1. Access to the Service and Users
2. Subscriptions, Cancellations and Cooling Off Periods
3. Licensed Content
4. Service Provision of the Platform
5. Your Obligations
6. Charges and Payment
7. Privacy
8. Disclaimer and Limitation of Liability
9. Intellectual Property
10. Force Majeure
11. Assignment
12. Third parties
13. General

Online.ElevenPlusExams.co.uk is a learning platform for use by parents and tutors to help children prepare for the selective school entrance exams.

Subscription to the service is on a monthly basis and requires no minimum term. You are welcome to cancel your subscription at any time. Your first payment is pro-rated and thereafter payments will be automatically charged on the 1st day of each month until cancelled by you.

By using the website you accept the following terms and conditions.

These Terms and Conditions (“Terms”) form a legal contract between

[1] You, a subscriber of the online.elevenplusexams.co.uk platform being a parent/guardian or tutor (“You”, “Your”)

and

[2] Technical One Ltd who owns and operates the website, www.online.elevenplusexams.co.uk, (“the Platform”) a company incorporated in England and Wales (Co. Reg: 05157615) whose registered office is at Congress House, Ground Floor, 14 Lyon Road, Harrow, HA1 2EN. (“We” or “Us”).

Definitions

The following terms shall have the meanings given below:

"Intellectual Property" means any patent, copyright, trademark, trade name, service mark, service name, brand mark, brand name, logo, corporate name, Internet domain name or industrial design, any registrations thereof and pending applications therefor (to the extent applicable), any other intellectual property right (including, without limitation, any know-how, trade secret, trade right, formula, conditional or proprietary report or information, customer or membership list, any marketing data, and any computer program, software, database or data right), and license or other contract (including without limitation license(s) to use specific telephone numbers and/or radio channels/frequencies) relating to any of the foregoing, and any goodwill associated with any business owning, holding or using any of the foregoing.

"Licensed Content" means the materials made available on the Platform question banks, text, information, data, interactive features, images, audio or video content etc.

“Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

"Platform" means the website www.online.elevenplusexams.co.uk

"Software" means our software provided on the online learning platform.

“User” means a student account created on the Platform by a Subscriber parent or tutor.

1.  Access to the Service and Users

1.1  Our online Platform is designed for use by children (“User(s)”) of primary school age.

1.2  You must be aged 21 years or over to subscribe to the Platform.

1.3  We will provide you with access to the Platform, as soon as your registration is completed and you have submitted a subscription request.

1.4  You undertake that you will not allow a User subscription to be used by more than one individual User. Any abuse of this term will result in automatic termination of Your and the User’s online access.

1.5  You undertake not to, nor permit others to:

(a)  attempt to copy, modify, duplicate, create derivative works from, republish, download, display, transmit, or distribute in any form whatsoever all or any portion of the Software by any means;

(b)  rent, license, sell, assign, transfer or otherwise dispose of the Software in any manner whatsoever;

(c)  translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Software, except as expressly permitted by law;

(d)  vary, delete or obscure any notices of proprietary rights or any product identification marks, logos, or restrictions on or in the Software, the Platform and the Licensed Content; or

(e)  access all or any part of the Platform and/or the Licensed Content in order to build a product or service which competes with the Platform and/or the Licensed Content.

1.6  You undertake to use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and/or the Licensed Content and, in the event of any such unauthorised access or use, promptly notify us.

2.  Subscriptions, Cancellations and Cooling Off Periods

2.1  Subscriptions can be ordered via your online account and will start on the day that you order a subscription, and make payment.

2.2  The request for a subscription represents an offer by you to purchase the subscription. A contract will be formed when we accept your offer.

2.3  Subscriptions are charged monthly, commencing on the 1st day of each calendar month and are automatically renewed on the first day of each month, until cancelled.

2.4  If you commence your subscription part-way through the month, your first payment will be from the commencement date to the end of the month, pro-rated at the monthly rate. All subsequent payments will be charged at the full monthly rate, on the 1st day of each month.

For example, if you order a subscription on the 24th of January then your first payment will for a partial month, from 24th January to 31st January. Thereafter, your monthly subscription will be for a full month taken on the 1st day of each subsequent month until cancelled.

2.5  If you wish to cancel a subscription you can do so via your online account at any time.

2.6  On cancellation, no refund will be made of any monthly subscription already paid at the start of the month. Your cancellation will take effect at the end of the month in which cancellation was requested and you will continue to have access to the Platform until then.

2.7  All payments and services related to the cancelled subscription will then cease from the 1st day of the next month.

2.8  Under the Consumer Contracts Regulations 2013 you have the right to change your mind and cancel your ordered subscription within the first 14 days. This is known as the cooling off period. The cooling off period is only available to consumers who do NOT make use of the digital content they have purchased. You agree that by accessing and/or using the Platform and Licensed Content you waive your right to the cooling off period.

2.9  We can suspend or terminate your subscription(s) without notice if you breach these terms or if your use poses a security risk, or if we are required to do so in response to a legal or regulatory requirement, or an emergency.

3.0  We can terminate your subscription at any time without notice to you if we believe that the use of the site indicates that it is not being used genuinely by a child User who is preparing for selective school entrance exams. We are under no obligation to provide you with any reasons for our belief.

3.1  We may in our absolute discretion terminate any subscription or reject a subscription request without liability to you or users of your account.

3.  Licensed Content

3.1  We hereby grant to you a non-transferable, non-exclusive licence to permit the Users to use the Licensed Content for the duration of any free or paid for subscription period.

3.2  You may not grant any sub-licences, in whole or in part, of any of the Licensed Content.

3.3  We reserve the right to remove your access to the Platform or to any of the Licensed Content if we reasonably believe that your use of any of the Licensed Content poses a risk to our Intellectual Property rights or the rights of any third party.

3.4  We do not guarantee access to all Licensed Content and reserve the right to remove or make additions or revisions to any of the Licensed Content at any time without any prior notice.

4.  Service Provision of the Platform

4.1  We will use all reasonable endeavours to make the Platform and the Licensed Content available 24 hours a day, seven days a week.

4.2  You may not be able to access the Platform and the Licensed Content in the event of planned or unscheduled necessary maintenance which may result in the service being disabled. This could be for a period of 24 to 72 hours.

4.3  We reserve the right at any time to make any modification, change or addition to, or replacement of, the Platform where this is required to conform with any applicable statutory requirements.

4.4  We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and systems to access Platform.

4.5  Our Platform and the Licensed Content have been developed using reasonable skill and care, however we cannot guarantee performance on all devices, operating systems or browsers. We do not warrant that your use of the Platform will be uninterrupted or error-free; or that the Platform, the Licensed Content and/or any information obtained by you through the Platform will meet your requirements.

5.  Your Obligations

5.1  You shall:

(a)  only use the Platform and the Licensed Content in accordance with these terms;

(b)  use the Platform and the Licensed Content in accordance with our reasonable instructions and any laws, regulations and licenses which may apply to your use of the Platform and the Licensed Content from time to time;

(c)  not change, amend or develop the Licensed Content without our prior written consent;

(d)  not resell the Licensed Content;

(e)  only permit the use of the Platform and the Licensed Content by Users and shall not permit the use by any third party;

(f)  ensure that the Licensed Content is kept secure and take prompt and proper remedial action against, unauthorised access, copying, modification, storage, reproduction, display and distribution of the Licensed Content;

(g)  not, and shall procure Users not to display, upload or input any Licenced Content to websites or online platforms (your own, public or commercial) without our prior written authorisation;

(h)  take all reasonable precautions to ensure that the Users do not disclose the Licensed Content to any third party;

(j)  provide us with up-to-date information, co-operation and support as we shall reasonably require pursuant to these Terms.

6.  Charges and Payment

6.1  All amounts and fees stated in these Terms:

(a)  are inclusive of Value Added Tax at the current rate applicable

(b)  shall be payable in pounds sterling; and

(c)  are non-cancellable and non-refundable.

6.2  If you fail to make any payment due to us by the due date for payment then, we will suspend all access to the Platform and Licensed Content until we have received payment.

7.  Privacy

7.1  We are the data controller in respect of any Personal Data which you provide to us in respect of the access to and use of the Platform.

7.2  We shall process Personal Data strictly in accordance with the applicable law and as set out in our Privacy Policy as amended from time to time. Our Privacy Policy, sets out the terms on which we process any personal data we collect from you, or that you provide to us.

7.3  By using our Platform, you consent to such processing and you warrant that all data provided by you is accurate.

8.  Disclaimer and Limitation of Liability

8.1  We have used all reasonable endeavours to ensure accuracy of information and content on the Platform. However, we cannot guarantee that that all content is 100% error free; there may be errors of fact and/or grammatical, spelling or typographical errors which we will use our reasonable endeavours to correct as soon as these are identified.

8.2  We cannot guarantee that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Platform. We do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

8.3  Access to the use of our Platform and the Licensed Content is provided entirely at your own risk and we will not be liable for any loss, loss of profit or expenses incurred, whether direct or indirect, or injury suffered or incurred as a result.

8.4  We have taken all reasonable measures to safeguard your personal data and prevent fraud. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

8.5  This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

9.  Intellectual Property

9.1  All intellectual property (including but not limited to the software code, educational content, questions, answers and explanations, graphics, texts and other videos) remains the property of Technical One Ltd, unless expressly stated otherwise.

10.  Force Majeure

10.1  We are not liable under these Terms in the event that we are prevented from providing access to our services and Platform caused by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, public health measures, failure of a utility services, transport facilities, telecommunications networks, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

11.  Assignment

11.1  We may at any time and without notice to you, assign, transfer, subcontract, deal with or otherwise delegate any of Our rights and/or obligations under these Terms.

12.  Third parties

12.1  A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any remedy or right of any third party which exists or is available apart from that Act.

13.  General

13.1  Headings in these Terms are for ease of reference only and do not limit the scope of the relevant section.

13.2  We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.

13.3  If any part of these Terms are held unlawful, invalid or unenforceable, that part shall be considered struck out and the remainder of these Terms shall remain in full force and effect.

13.4  If you are a business customer, these Terms, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. You acknowledge that in entering into these Terms you did not rely on any statement or representation, other than those expressly set out in these Terms.

13.5  These Terms are governed and constructed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.