1. PROVISION OF SERVICE

Welcome to Edform. Please read the following Terms and Conditions before using this site or ordering or downloading any of our products, so that you are aware of your legal rights and obligations with respect to SiteLearn. In these Terms, any reference to “We” “Us”, or “Our” means Edform, a company registered in England and Wales under company number 07374228, whose registered office is at 45 Newhall Street, Birmingham, B3 3QR.

 

2. SCOPE OF AGREEMENT

  • By accessing, registering or entering this site, you confirm that you agree to be bound by our Terms and Conditions. Edform reserves the right, from time to time, with or without notice to you, to automatically amend this Agreement at any time by:

    • posting a revised Customer Agreement on the Edform Website, and/or

    • sending information regarding the amendment to the email address you provide to Edform.

  • You shall be deemed to have accepted such amendment by continuing to use the services after such amendments have been posted and/ or information has been sent to you. You may also have a signed written agreement which is expressly incorporated herein (Written Agreement), and which in conjunction with the Terms and policies referred to herein, comprise the entire Agreement between Edform and you.

  • The Written Agreement may contain different or additional terms which supersede Terms in this document and may refer to earlier versions of these Terms.

 

3. CHANGES TO AGREEMENT

  • Edform may change or add to this Agreement as a result of its policy of updating and improving the Service or for security, legal or regulatory reasons. Edform will post any changes or additions to this Agreement online. If you do not agree to be bound by those changes, you should not access and/or use the Service any further. For changes to Terms and Conditions for any subscription service or third party Service, please refer to the individual Service for updates and amendments to their terms and conditions.

 

4. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Policy for disclosures relating to the collection and use of your personal information.

 

5. DATA PROTECTION AND STORAGE OF MESSAGES

  • While your account is active, Edform will store messages sent and received through your Edform account, for a period of up to one year, in each case measured from the date of receipt of such message. Contact lists are maintained while the account is in good standing. Edform shall maintain administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer information in its possession.

  • Customer acknowledges that Edform may change its practices and limitations concerning storage of messages, at any time and that notification of any such changes will be posted on the Edform Websites. Customer further agrees that this feature is provided as a convenience to Customer only and Edform have no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store, any messages and/or other communications maintained or transmitted by the Services.

 

6. PAYMENT

  • You agree that you are legally capable of entering into binding contracts, of at least 18 years old, to pay all payments for your use of the Services according to the payment applicable to your Services. Edform reserves the right to change prices or institute new payment for access to or use of Edform Services. All changes will be posted by Edform on the Edform Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. All purchases are non-exchangeable, non-refundable and non-transferable. Continued use of the Services or non-termination of your Edform account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

  • Payment for your Edform account will be subject to validation checks and authorisation by your card issuer. You are responsible to ensure the details you give are correct and complete. When placing your order online your credit card / debit card will be debited when you click the order button. We will acknowledge your order by sending you an email. The email will confirm the cost along with product details. Payment for Services may include activation, recurring subscription, and usage fees. Your activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE.

  • If you subscribed for Services pursuant to a special offer granting you a free trial period, your activation fee and an initial monthly Services fee will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with Edform verification procedures, as may be established by Edform from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect payments submitted before Edform reasonably could act on your notice.

  • Payment fees are one off fees to be paid on a yearly basis in the currency in which billed. A failure to pay the payment is a material breach of this Agreement and grounds for termination by Edform. If the payment method for your Edform account is by credit card and payment is not received by Edform from the card issuer or its agents, you agree to pay all amounts due upon demand by Edform.

  • Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that Edform is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with Edform, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.

  • You agree that Edform may submit payments for your usage fees and recurring subscription fee each year, without further authorization from you, until you provide prior notice (in accordance with Edform's verification procedures, as may be established by Edform from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect payments submitted before Edform reasonably could act on your notice. We will invoice you one month prior to the expiry of each year of the Contract Period for the payments due in respect of the following year. If you have any question regarding any payments that have been applied to your account, you must contact Edform’s Customer Support within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any payments submitted by Edform in accordance with this Agreement. Payments are exclusive of Value Added Tax which you shall pay at the prevailing rate in addition and at the same time as payment for your choice of course(s).

 

7. MEMBER ACCOUNT, PASSWORD, AND SECURITY

  • You must complete the sign-up process by providing us with current, complete and accurate information as prompted by the applicable registration form. You agree to notify Edform promptly of any changes to this information as required to keep it current, complete and accurate. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur by all users associated with your account.

  • You agree to notify Edform immediately of any unauthorized use of your account or any other breach of security. Edform will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Edform or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

 

8. CONDITIONS OF USE

  • You represent and warrant that you possess the legal right and ability to enter into this Agreement which will commence on the Start Date and will continue for the Contract Period unless ended under paragraph 14. If you are under 18, you may only use the site in conjunction with, and under the supervision of, a parent or guardian or teacher. You may only use the Service whilst you are a current subscriber. If your subscription lapses, you fail to make payment, you do not renew or you cancel, you are expressly forbidden to use the Service or any part of the Service that has previously been downloaded by you.

  • If you do not agree to be bound by these terms please do not access and/or use the Service. If you are registering on behalf of a corporation you warrant that you have the authority to bind the corporation. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

 

9. UNLAWFUL OR PROHIBITED USE

  • As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms and any notices. All material displayed on the Service ("Content") belongs to Edform or its licensors. You may retrieve and display the Content on a computer screen, print individual pages on paper and store such pages in electronic form on disk (but not on any server or other storage device connected to an external network) for your own personal, educational, non-commercial purposes. You many not without our consent or the consent of the person(s) providing the Content (as appropriate), sell, copy or incorporate into any other work, part or all of the Content or any other material available through the Service

  • You may not use the Services in any manner that could damage, disable, overburden, or impair any Edform server, or the network(s) connected to any Edform server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Edform server or to any of the Services, through hacking, password mining or any other means. You will not use or register the name Edform or any other trade name or trade mark of Edform without express, prior permission, and you will not obstruct the identification procedures used by Edform in the Services.

  • In accordance with its Prohibited Use Policy Edform prohibits the use of the Services or web site by any person or entity that, encourages, promotes, provides, sells or offers to sell products or content relating to illegal or fraudulent activities (or services related to the same): including, but not limited to, illegal drugs; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons; material that exploits children, encourages violence, spam, obscenity/sexually explicit, and similar activities. This is not an exhaustive list, and Edform, in its sole discretion, may determine whether your use is prohibited and its determination shall be final, binding and conclusive for all purposes under this Agreement.

  • Edform will terminate your use of its Services if Edform determines such prohibited content or use is in violation of this Agreement. Any information stored on the Edform servers that is deemed to be unlawful or in contravention of this Agreement or legal and regulatory requirements may be deleted at any time by Edform without notice. SiteLearn reserves the right to remove any image which contravenes this Agreement without notice to you. 

  • Edform reserves the right at all times to disclose any information as Edform deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Edform reserves the right to take any other action with respect to the Services that Edform deems necessary or appropriate, in its sole discretion, if Edform believes you or your information may create liability for Edform or others, compromise or disrupt the Services for you or other Customers.

  • You agree to indemnify and hold Edform (and its Affiliates) and its agents, business associates, resellers, licensors, and suppliers (collectively, Suppliers) harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including, but not limited to, any legal fees and expenses) arising out of your use of the Services, your violation of the Terms and Conditions, and the delivery of any of your messages and documents using the Services, or the infringement of any trademark or copyright by you.

 

10. COPYRIGHT

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by Edform and/or its licensors and service providers except where expressly stated otherwise.

 

11. SHARING CONTENT WITH EDFORM

We will not claim to own any content you submit to us and you will keep all rights in your Content. However, by sharing your content with us, you also give us your unrestricted permission to use your content, free of charge, for the operation and promotion of the Service. Upon submitting your content, you confirm that it is your own original work (or that you have the consent of anyone whose work is included in your Content), is not defamatory, does not break any UK laws, that you have the right to give us permission to use it, and that you have the written consent of anyone who is identifiable in the content (or the consent of their parent/guardian if they are under 16). Please note that any applicable copyright licences may not apply outside of their school. If you're under 16, please get a parent or guardian's permission before sharing any Contributions with us.

You agree that we may keep hold of your Content and use it for the operation and promotion of the Service, without further compensation to you. We may also make changes to your content for operational or editorial reasons. You agree that we may share your Content with trusted third parties, who will then have the same rights as us to use your Content and to do so without providing any compensation to you. Your content (including your user name) must be adhere to the following particulars:

  • must not be unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane,  racially offensive or otherwise objectionable;

  • must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble;

  • should not contain any advertising or promoting material, including the posting of links to other websites (save where such postings are included for genuine educational purposes, which will generally be limited to links to media, government or academic websites);

  • should not contain any personal information, including your full name, school, home address, phone number or email address;

  • should be contributed in the appropriate place;

  • should not be in any language other than English, save for where a topic requires use of a foreign language for instructional purposes; and

  • should not contain impersonation of any person;

If your Content breaks any of these rules, we may delete that Content and take action against your account. If you continue to break these rules and/or you break any of them in a serious manner, we may use whatever information we have about you to prevent any further infringements, including contacting your school or employer.

 

12. PROMOTIONAL PRIZE(S) 

Edform Promotional prize awards are open to all registered users. No third party entries, or entries submitted by agents will be accepted. Edform reserves the right to verify the eligibility of entrants. Edform may require such information as it considers reasonably necessary for the purpose of verifying the eligibility of an entry and the prize may be withheld until and unless Edform is satisfied with the verification:

  • Entries not complying with terms and conditions will be invalid;

  • The Promotions run during the Promotions' Dates until the specified Closing Date. Entries received after this date and time will not be entered into the Promotions;

  • The instructions provided at the point of entry form part of the terms & conditions of these Promotions, and in the event of a conflict, these terms & conditions take precedence.

  • The winner(s) will be selected from all eligible entries received on the basis of the Judging Criteria set out above. Each winner will be notified within a reasonable time after the Judging Date either by email, mail or telephone. The prize is awarded conditionally upon acceptance and if a winner is unable to be contacted after a reasonable period or if any prize is unclaimed or declined within a reasonable period, the prize shall be deemed as unclaimed or unaccepted and the next best entry may be awarded the Prize at Edform’s discretion;

  • Edform will not be responsible for any inability of a prize winner to take up the specified prize;

  • Unless otherwise expressly stated, where the prize requires attendance at a specific venue, the winner and any permitted companions will be solely responsible for travel to and from the venue and all other expenses. Edform assumes no responsibility and is not liable for any costs, charges or expenses which winners may be required to pay at any time in connection with a Prize;

  • Edform reserves the right to provide substitute prize(s) of similar value should the specified prize(s) become unavailable for reasons beyond its control. None of the prizes are transferable;

  • Edform accepts no responsibility for incorrectly completed, lost or delayed entries;

  • In the event of fraud, abuse, and/or an error affecting the proper operation of these Promotions, including the allocation of more prizes than are available, Edform reserves the right to end or suspend any or all of the Promotions; amend these terms & conditions; declare void the notification of winner(s); and/or to allocate available prizes by conducting a simple draw from all wrongly allocated winners;

  • If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid;

  • The winner(s) may be required to participate in publicity connected with these Promotions and it is a condition of entry that the winner(s) agree to their name and country of residence being made publicly available if they win;

  • The names of winner(s) may be obtained by sending a signed handwritten request along with a stamped self-addressed envelope detailing your request to the Marketing Team, Edform, 45 Newhall Street, Birmingham, B3 3QR;

  • Entrants' data will be collected, stored and processed for the purposes of administering and assessing these Promotions. If a prize includes tickets to an event then for the purpose of administering the ticket allocation, Edform reserves the right to exchange information and data regarding tickets and applications with third party ticket providers and/or service providers;

  • Edform's decision is final and no correspondence will be entered into;

  • Edform reserves the right to suspend, cancel or amend the promotion and/or review and revise these terms and conditions at any time without giving prior notice and by continuing to take part in the promotion subsequent to any revision of these terms and conditions, entrants shall be deemed to have agreed to any such new or amended terms;

  • This promotion is governed by English Law and is subject to the exclusive jurisdiction of the English courts;

 

13. THIRD PARTY MATERIAL

  • We reserve the right to use advertising material on the Service. You may see advertising material submitted by third parties on the Service;

  • Individual advertisers are solely responsible for the content of advertising material which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein;

 

14. WARRANTY AND LIMITATION OF LIABILITY

WE WARRANT THAT:

  • WE HAVE ALL RIGHTS TO GRANT YOU THE LICENCE TO USE THE SERVICE; THE SERVICE WILL BE PROVIDED BY EDFORM WITH REASONABLE SKILL AND CARE AND WE SHALL USE REASONABLE ENDEAVOURS TO MAKE THE SERVICE AVAILABLE 24 HOURS A DAY 7 DAYS A WEEK, SUBJECT TO ROUTINE MAINTENANCE AND SITE UPDATES. ACCESS TO THIS SITE MAY BE SUSPENDED TEMPORARILY OR PERMANENTLY AND WITHOUT NOTICE;

  • WHILST EDFORM WILL ENDEAVOUR TO ENSURE THAT THE SERVICE IS A VALUABLE EDUCATIONAL AID BRINGING REAL BENEFITS TO LEARNERS, NO WARRANTY, EXPRESS OR IMPLIED, IS GIVEN AS TO THE EFECTIVENESS OF THE SERVICE AS AN EDUCATIONAL OR REVISION AID AND WE DO NOT ACCEPT ANY LIABILITY OR ANY ERRORS, OMISSIONS OR UNSATISFACTORY EXAMINATION RESULTS;

  • THE AGGREGATE LIABILITY OF EDFORM, ITS AFFILIATES OR SUPPLIERS, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH OR FAILURE OF AN ESSENTIAL PURPOSE), TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION OR OTHERWISE IN RESPECT OF A SINGLE OCCURRENCE OR A SERIES OF OCCURENCES SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNTS PAID BY CUSTOMER TO EDFORM WITH RESPECT TO THE SERVICES GIVING RISE TO THE CLAIM;

  • IN THE EVENT APPLICABLE LAW DOES NOT PERMIT SUCH EXCLUSIONS TO BE COMPLETELY DISCLAIMED, THESE EXCLUSIONS SHALL BE INTERPRETED AS NECESSARY TO GIVE EDFORM THE FULL BENEFIT OF ANY DISCLAIMER OR LIMITATION AS PERMITTED BY APPLICABLE LAW;

NOTHING IN THE AGREEMENT SHALL AFFECT LEARNER’S LEGAL RIGHTS AS A CONSUMER.

 

15. FORCE MAJEURE

Notwithstanding anything contained in the Agreement Edform will not be liable for failure or delay in performing any of our obligations under the Agreement because of any cause beyond our reasonable control (including but not limited to:

  • decision of any court or other judicial body of competent jurisdiction,

  • unavailability of equipment, power or other commodity,

  • failure or non-availability of Internet or telecommunications facilities, computer hardware or software,

  • act of God, war, riot, terrorist attack, civil commotion, malicious damage, fires, flood or storm;

  • strikes or other industrial disputes (whether involving our workforce or that of any other party) or

  • acts of government or other prevailing authorities or default of suppliers, sub-contractors or other third parties);

 

16. TERMINATION

  • Edform reserves the right to suspend or terminate Services if Edform, in its sole discretion, believes that the Services are used for a purpose that is unlawful or prohibited;

  • If we terminate your use of our service as a result of a breach of any obligation under these Terms & Conditions, such termination would be immediate and without notice;

  • If at any time during the Contract Period, you wish to stop receiving the Service, you may end the Agreement by not less than one month’s notice to us in writing. If you are an Online subscriber you may email at any time to info@edform.org. If you have a signed Written Agreement with Edform the termination provision found in the Written Agreement applies;

  • If you end the Agreement in this way, no refund of Payment which you have paid will be payable by us and you shall pay to us forthwith any Payments which are due or in arrears at the time the Agreement is ended;

  • If you have made an agreement with Edform as a bulk purchase Agreement and your LEA or other educational body enters into a separate agreement with us for the provision of the Service to you, then we will notify you and you may end the original Agreement. If you end the original Agreement in this way, we shall credit you an amount equal to the same proportion of the total fees which you have paid under the Agreement at the date the Agreement ends as the relevant period (defined below) bears to the Contract Period;

  • If you do not wish to end the original Agreement you should notify us in writing within not less than one calendar month and you should not accept any rebate in respect of the original Agreement;

  • If for any reason Edform discontinues the Service, we may end the Agreement by not less than one month’s notice to you in writing;

  • Edform shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account;

  • Edform shall have no obligation to maintain any messages or other content in your account or forward any unread or unsent message to you or any third party;

  • Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective;

 

17. JURISDICTION AND GOVERNING LAW

You agree that these Terms and Conditions shall be governed and enforced in accordance with the laws of England and Wales. Disputes arising from or in connection with your use of this website and/or your use and/or purchase of our products or services we provide are subject to the non-exclusive jurisdiction of the English courts.

 

Edform Last Revised August 2016