By using the einstein11plus website you accept these terms
Please read these terms carefully before you use the Einstein11plus website or submit your order to us. If you do not agree to these terms, you must not use the Einstein11plus website. We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
Are you a business customer or a consumer?
Information about us and how to contact us
Who we are. Einstein11plus websites and associated services are operated by Einstein11plus Limited of 6 Winterbourne Road, Solihull, B91 1LU ("we", "us", "our").
How to contact us. You can contact us by telephoning our customer service team at 00121 33 00 980 or by writing to us at 6 Winterbourne Road, Solihull, B91 1LU and by email at firstname.lastname@example.org.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Our Contract with you
- "Effective Date" means the date we issue you an email accepting your order for access to the Platform and the Licensed Materials.
- "Intellectual Property" means any and all intellectual property rights including patents, trademarks, design rights, copyright, rights in data and databases, domain names, topography rights, and all similar rights (whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world) together with any and all goodwill relating or attached thereto, the right to apply for registration of and/or register such rights and all extensions and renewals thereof;
- "Licensed Materials" means the content available on the Platform which you have purchased access to from us including, text, information, data, interactive features, images, audio or video materials in digital form as described in your online account;
- "Parties" means you and us and “Party” shall be construed accordingly;
- "Platform" means the interactive online platform provided by us to you when you subscribe for access to the Licensed Materials;
- "Software" means our software provided as part of the Platform, including any updates and modifications made available from time to time by us;
- "Subscription Fees" means the subscription fees payable by you to us for the User Subscriptions as set out in your order form;
- "Term" means has the meaning set out in clause 18.1;
- "Users" means the users who are authorised by you to use the Platform and access and use the Licensed Materials;
- "Virus" means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;
- "Working Day" means any day falling on or between Monday to Friday, excluding all public and bank holidays in England and Wales; and
- "you" "your" meansmeans a parent, pupil, teacher, tutor, or any other individual who accesses our website and/or is authorised to use our Platform.
- Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between us and you.
Licence to use the Platform
- You shall not grant sub-licences, in whole or in part, of any of the Licensed Materials.
- We may require you to cease all use of any of the Licensed Materials if we reasonably believe that your use of this Licensed Materials infringes the Intellectual Property rights of any third party, or breaches any applicable law or regulation. In this instance, we may, at our option either:
(a) provide you with alternative Licensed Materials so as to avoid the infringement; or
- Except as may be allowed by any applicable law which is incapable of exclusion by agreement between the Parties, you may not nor permit others to:
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means;
(b) rent, lease, sublicense, sell, assign, pledge, transfer or otherwise dispose of the Software, on a temporary or permanent basis;
(c) translate, reverse engineer, decompile, disassemble, unbundle, 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 or restrictions on or in the Software, the Platform and the Licensed Materials; or
(e) access all or any part of the Platform and/or the Licensed Materials in order to build a product or service which competes with the Platform and/or the Licensed Materials.
- You undertake to use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and/or the Licensed Materials and, in the event of any such unauthorised access or use, promptly notify us.
Provision of the Platform
- In relation to the Users, you undertake that:
(a) you will not allow or suffer any User Subscription to be used by more than one individual User
(b) each User shall keep a secure password for his use of the Platform and the Licensed Materials;
- We shall use reasonable endeavours to make the Platform and the Licensed Materials available 24 hours a day, seven days a week, except for planned maintenance and unscheduled maintenance.
- 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.
- We do not guarantee that the Einstein11plus website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Einstein11plus website. You should use your own virus protection software.
Exercising your right to change your mind if you are a consumer
- You shall not access, store, distribute or transmit any Viruses in your use of the Platform and the Licensed Materials.
- We may from time to time provide interactive services on the Platform. We will use reasonable endeavours to assess any possible risks for users from third parties when they use any interactive service provided on the Platform and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service on the Platform and we expressly exclude all liability for any loss or damage arising from the use of any interactive service by a User in contravention of our content standards, whether the service is moderated or not.
- The following content standards apply to any and all material which you and Users contribute to the Platform and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); and comply with applicable law.
- Contributions must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- We will determine, in our sole discretion, whether there has been a breach of these acceptable use standards through your and/or any User's use of the Platform. When a breach of these standards has occurred, we may take such action as we deem appropriate.
- We have the right to remove any posting you and/or any User makes on the Platform if, in our opinion, your and/or any Users post does not comply with the standards set out above.
Third Party Websites and Internet Use
- If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
- Your right as a consumer to change your mind does not apply in respect of digital products after you have started to download, accessed or streamed.
- You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading, accessing or streaming. If we make the Platform and/or the Licensed Materials available to you immediately, and you agreed to this, you will not have a right to change your mind.
- Where the Platform or any Licensed Materials contain links to other sites and resources provided by third parties, these links are provided for your and the Users' information only. Such links should not be interpreted as approval by us of those linked websites or information you or Users may obtain from them. We have no control over the contents of those sites or resources.
- We undertake that the Platform will be provided and the Licensed Materials have been developed using reasonable skill and care.
- The undertaking at clause 10.1 shall not apply to the extent of any non-conformance which is caused by use of the Platform and/or the Licensed Materials contrary to our instructions, or modification or alteration of the Platform and/or the Licensed Materials by any party other than us or our duly authorised contractors or agents. If the Platform and/or the Licensed Materials do not conform with the foregoing undertaking, we will, at our expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Notwithstanding the foregoing, we:
(a) do not warrant that your use of the Platform will be uninterrupted or error-free; or that the Platform, the Licensed Materials and/or any information obtained by you through the Platform will meet the your requirements;
(b) do not suggest or imply that the use of the Platform and/or the Licensed Materials will result in a pass in any exam nor acceptance at any school; and
(c) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Platform and access to the Licensed Materials may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
Charges and Payment
- You shall:
(b) use the Platform and the Licensed Materials in accordance with our reasonable instructions and any laws, regulations and licenses which may apply to your use of the Platform and the Licensed Materials from time to time;
(c) not change, amend or develop the Licensed Materials without our prior written consent;
(d) not resell the Licensed Materials;
(e) only permit the use of the Platform and the Licensed Materials by Users and shall not permit the use of the Platform or the Licensed Materials by any third party;
(f) ensure that the Licensed Materials once downloaded are kept secure and shall prevent, and take prompt and proper remedial action against, unauthorised access, copying, modification, storage, reproduction, display and distribution of the Licensed Materials;
(g) not and shall procure Users shall not display, upload or input any Licenced Materials to websites or online platforms (your own, public or commercial) without our prior written authorisation;
(i) be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet; and
- You shall pay the Subscription Fees to us in accordance with this clause 12.
- Unless otherwise agreed with us, you shall on the date you order access to the Platform and the Licensed Materials provide to us valid, up-to-date and complete credit or debit card details or approved purchase order information acceptable to us and any other valid, up-to-date and complete contact and billing details and, if you provide:
(a) your credit or credit card details to us, you hereby authorises us to bill such credit or debit card on the Effective Date for the Subscription Fee payable in respect of the Term;
(b) your approved purchase order information to us, we shall invoice you on the Effective Date for the Subscription Fees payable in respect of the Term and you shall pay each invoice within 28 days after the date of such invoice.
(a) are inclusive of Value Added Tax and any other applicable taxes, duties and assessments which shall be payable by you in the manner prescribed by law;
(b) shall be payable in pounds sterling; and
(c) are non-cancellable and non-refundable.
- If you fail to make any payment due to us by the due date for payment then, without prejudice to our other rights and remedies, we may:
(a) where you are a business customer, charge interest on the overdue amount at four percent (4%) above the official interest rate of the Bank of England. Such interest shall accrue on a daily basis from the due date of payment until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest immediately on demand by us; and/or
- If you have subscribed for access to the Platform and the Licensed Materials you may save and print downloadable Licensed Materials during the Term. However this must be for your personal use. Any onward distribution or further publication is prohibited.
- Our status (and that of any identified contributors) as the authors of content on the Einstein11plus website must always be acknowledged.
Our responsibility for loss or damage suffered if you are a consumer
- The provisions of Clause 15.1 shall not apply to information which:
(d) was developed independently of and without reference to the other Party’s Information; or
(e) is required to be disclosed under operation of law, by court order or by any regulatory body of competent jurisdiction (but then only to the extent and for the purpose required), in which case each Party shall promptly notify the other Party of any such disclosure requirement.
- We shall be entitled to publicise that you have licensed use of the Platform and the Licensed Materials from us in our advertising or promotional materials (including in case studies), press releases, tenders, proposal, speeches, articles and other similar materials.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the provision of the Platform and the Licensed Materials.
- If you are a consumer we only supply the Platform and Licensed Materials for to you for domestic and private use. If you use the products for any commercial or business purpose our liability to you will be limited as set out in clause 16.
Term and Termination
- This clause 15 sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:
(a) you assume sole responsibility for results obtained from the use of the Platform and the Licensed Materials by you, and for conclusions drawn from such use;
(c) the Platform and the Licensed Materials are provided to you on an "as is" basis.
(a) death or personal injury caused by its (or its employees’, agents’ or contractors’) negligence; and
(b) fraud or fraudulent misrepresentation; and
(c) any other liability the exclusion or limitation of which is not permitted by law.
- Subject to clause 17.2 and clause 17.3:
Consequences of Termination
(c) where the other party is a company, the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) where the other party is a company, the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(a) by serving written notice on you with immediate effect, if termination is required for legal or regulatory reasons;
(b) on serving fourteen (14) days prior written notice to you if we or our third party suppliers no longer operate or provide any or all of the products or services used in relation to the Platform or the Licensed Materials or intends to cease operating or providing any or all of such products or services in the immediate future.
(a) immediately cease to make use of the Platform and the Licensed Materials;
(c) either return or destroy all of our Information, the Licensed Materials or any document containing part thereof, together with all copies of the Information and the Licensed Materials (including all electronic copies and hard copies) and shall on reasonable request provide written confirmation that such steps have been taken.
(a) first class post; or
(b) delivered by hand; or
- A notice shall be sent or delivered to the address or email address specified by you in your order for access to the Platform and the Licensed Materials. A notice shall be sent or delivered to us at Einstein11plus Limited, 6 Winterbourne Road, Solihull, B91 1LU or by email to enquiries@Einstein11plus.com.
- Notice is deemed given:
(a) in the case of hand delivery – at the time the delivery is made;
(b) in the case of posting– two (2) Working Days after the notice is posted;
(c) in the case of email – one (1) Working Day after transmission.
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