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GetMathsFit TERMS AND CONDITIONS OF SUPPLY OF SERVICES



Our Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the subscription services listed on our website www.GetMathsFit.com (our site) and the terms on which you may make use of our site, whether as a guest or a subscriber (our terms and conditions). 

 
Please read our terms and conditions carefully before you start to use the site and before subscribing to any of our subscription services.  


By using our site, you indicate that you accept our terms and conditions and that you agree to abide by them.  If you do not agree to our terms and conditions, please refrain from using our site.  Furthermore, you should understand that by subscribing to any of the subscription services, you agree to be bound by our terms and conditions.


You should print a copy of these terms and conditions for future reference.

1.    Information About Us

www.GetMathsFit.com is a site operated by Squirrel Marketing Limited.  We are registered in England and Wales under company number 07116142 and have our registered office at Office 36, 88-90 Hatton Garden, Holborn, London EC1N 8PN.  


For your information, our contact details are as follows:


Our postal address:     

Squirrel Marketing Limited t/a GetMathsFit

24 Greville Street

London

EC1N 8SS
                                     

Telephone:         020 3287 1267

Email:               This e-mail address is being protected from spambots. You need JavaScript enabled to view it     

 

2.    Your Status and Service Availability

2.1    Although our subscription services are suitable for children, by placing an order through our site, you warrant that:


(a)    you are legally capable of entering into binding contracts; and

(b)    you are at least 18 years old.


In the circumstances, if you are under 18 years of age, you are required to ask your parent or guardian to subscribe on your behalf.

2.2    Our site is not intended for use by people resident in the countries listed on this page: [EXCLUDED COUNTRIES].  We do not accept orders from the Excluded Countries.  Please review our Excluded Countries page before subscribing to any of our subscription services.  

 

3.    Definitions

You or your: The party entering into the Contract with us by paying the applicable subscription fees and accepting our terms and conditions. Where the context so requires, you or your includes your Authorised Users.


We, us, or our: Squirrel Marketing Limited, trading as GetMathsFit


Authorised Users
: any person or persons we have agreed with you who is or are to benefit from the Service.
Service: includes Hosting Services and provision of Know-how, as the context requires.

Hosting Services: the services we provide to allow you to access and use interactive subscription services on our site.

Know-how: know-how provided by us to you under your subscription (including, but not limited to, worksheets and answers).
Software: Any software provided by us or by our suppliers which enables you to use the Service, including CD-ROMS.  

 

4.    Accessing Our Site

When using our site, you must comply with the provisions of our website terms of use [TERMS OF USE] and acceptable use policy [ACCEPTABLE USE POLICY].
You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of our terms and conditions, and that they comply with them.

 

5.    How the Contract is Formed Between You and Us

5.1    The following steps set out how a contract is formed between you and us:


5.1.1    Our site contains information about our subscription services including subscription options, subscription periods and subscription fees.  You should read this information carefully before subscribing to any subscription service.


5.1.2    You can subscribe to a subscription service as follows:


(1)    Follow the “Sign UP” link on our site.  You will be required to input your name, post code, email address,  proposed user name and any other information requested.
It is your responsibility to check that the information you provide is complete and correct.  Please note that input errors can be corrected at any time up to the point at which you click on the “Submit” button (mentioned in paragraph (3) of this clause 5.1.2 below) by closing the registration window and re-opening the registration form by clicking on the “Sign Up” link again.


(2)    After the above registration stage, you will receive a welcome email from us.  With regard to trials or free sample lessons, please see clause 9 below.


(3)    If you wish to proceed to subscribe to a subscription service, you do so by selecting the subscription service/option you wish to subscribe to and clicking on the button marked “I accept the Ts & Cs” if you accept them.  Thereafter, you will need to click on the “Submit” button.
Please note that it is your responsibility to read these terms and conditions carefully, and to raise any queries with us before you subscribe to any subscription service.


(4)    On completion of the above stage, you will be directed to the payment page.  You will be required to input the information requested (see clause 6 below).


5.1.3    After you submit your order for the subscription service, you will receive a verification email from us confirming your details.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy the subscription service. 

All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a second e-mail that confirms that the Service will be supplied (Service Confirmation) and informing you how to complete your subscription and activate your account. 

The contract between us (Contract) will only be formed when we send you the Service Confirmation.  The Contract between us will consist of your subscription order, the Service Confirmation, our terms and conditions (including these terms and conditions, our website terms of use, our acceptable use policy and our privacy policy) and any additional legal terms or notices appearing on the Service or our site.  It is your responsibility to print out and retain copies of each element of the Contract.


5.2    The Contract will relate only to the Service we have confirmed in the Service Confirmation.  We will not be obliged to supply any other subscription service until you have duly subscribed to that service and the supply of such service has been confirmed in a separate Service Confirmation.

 

6.    Price and Payment

6.1    The subscription fees payable for our subscription services as well as any applicable value added tax are set out on our site from time to time, except in cases of obvious error.  


6.2    With reference to clause 5.1.2 above, payment of the applicable subscription fee  must be by credit or debit card or postal orders in British pounds sterling, US dollars or Euros.  We do not accept any other form of payment, including cheques. We will charge your credit or debit card when we send you the Service Confirmation.  We shall be under no obligation to provide the Service until the applicable subscription fee has been paid in full.


6.3    Our subscription fees are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Service Confirmation.


6.4    In the case of subscriptions payable by way of monthly instalments (i.e. monthly subscriptions), unless you give written notice of your intention to terminate the Contract, the Contract will continue from month to month, for a total period of 12 months, at the applicable monthly subscription fee rate payable. 

Payment will be automatically debited from your account by our payment provider each month.  If your account details have changed, or if you have elected to pay by postal orders, and you fail to pay any monthly subscription fee when due then we may suspend your access to the Service until the subscription fee is paid.  Notice of your intention to terminate the Contract under this clause 6.4 should be given prior to the start of the  monthly period from which you wish to terminate.  Any notice under this clause 6.4 must be given in accordance with clause 17 below.

 

7.    Authority and Licence for Use of Service

7.1    Unless there are exceptional circumstances, following formation of the Contract in accordance with clause 5.1.3 above, you will be granted a non-exclusive, non-transferable licence to use the Service for the relevant subscription period in accordance with our terms and conditions.


7.2    This authority and licence starts immediately upon the formation of the Contract and ends:


(a)    if the subscription period expires without your agreeing to renew your subscription on the terms and subscription fee then applying; or

(b)    if the Contract is terminated under these terms and conditions.

 

8.    Your Obligations

8.1    You assume sole responsibility for results obtained from the use of Service, and for conclusions drawn from such use.   


8.2    If you choose, or you are provided with, a user identification code and password (ID) or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any ID, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.


8.3    You may view, use, copy or print out material containing Know-how for your own purposes.


8.4    You are not permitted to:


(a)    store, distribute or transmit any material through the Hosting Services that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities; or

(b)    attempt to duplicate, modify, disclose or distribute any portion of  Software supplied by us (if any) and for the avoidance of doubt, nothing in these terms and conditions grants to you any rights whatsoever in or relating to the source code of the Software); or

(c)    attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the Software (if any); or

(d)    use the Software or Hosting Services to provide hosting services to third parties, without our prior written consent; or

(e)    transfer, temporarily or permanently, any rights or obligations under the Contract;  or

(f)    attempt to obtain or assist others in obtaining access to the Service or Software (if any), other than as provided under these terms and conditions.


8.5    Subject to your payment of additional subscription fees then applying, we may permit Authorised Users to use the Service for the relevant subscription period in accordance with our terms and conditions. You will be required to select or, alternatively, we will allocate ID for each Authorised User.  Authorised Users can be added and removed during your subscription and ID amended accordingly. You must ensure any ID is kept secure and you must prevent unauthorised use of any ID.  You will take reasonable steps to ensure that nobody other than Authorised Users accesses the Service using accounts created with ID.


8.6    You are responsible to ensure that Authorised Users comply with our terms and conditions and any other applicable legal terms.   


8.7    If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of any ID, you must notify us immediately in writing. We have the right to disable any ID, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of our terms and conditions and/or if we believe that any ID is being used in any way which is not permitted.


8.8    By submitting any individual's personal information to us or our affiliates, service providers and agents, you agree, and confirm your authority from such other individual, to our collection, use and disclosure of such personal information in accordance with our privacy policy available at [PRIVACY POLICY].

 

9.    Terms of Use by Trialist

9.1    Following the completion of the registration stage (mentioned in clause 5.1.2 above), you may be granted access to free sample lessons for a limited period of time, if you requested this at the time of registration.  You will be notified of any free sample lessons granted to you in our welcome email mentioned in clause 5.1.2(2) above. 

   
9.2    If you have been granted a free trial, as set out in clause 9.1 above, you will have a non-exclusive, non-transferable licence to use the relevant subscription service for a limited period only subject to our terms and conditions and only for the purposes of evaluating whether you wish to subscribe to the subscription service. We will contact you at the end of the trial period to invite you to subscribe to the subscription service on payment of the applicable subscription fee(s).


9.3    You may only benefit from one free trial.  If we discover that you have requested more than one free trial, you will become liable for payment of the full amount of the applicable subscription fee(s).


9.4    During the trial period and in respect of the subscription service that you are trialing, you undertake that you will not:


(a)    download to a local machine, network or disk any materials from the site and save them in electronic form;


(b)    copy and paste any materials from the site;


(c)    make print outs or copies of any materials from the site; or


(d)    modify any materials from the site. 

 

10.    Your Right to Cancel Contract

10.1    If you are contracting as a consumer, you may cancel the Contract at any time within 14 days, beginning on the day after the formation of the Contract in accordance with clause 5.1.3.  In this case, you will receive a full refund of the subscription fee paid for the Service within 30 days of cancellation.   We will usually refund any money received from you using the same method originally used by you to pay for your purchase.


10.2    To cancel the Contract, you must inform us by email in accordance with clause 17.   Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Service Confirmation.  


10.3    The provisions set out in this clause 10 do not affect your other statutory rights as a consumer.

 

11.    Warranty

11.1    We warrant that we have the right to grant the licence and authority under clause 7 in accordance with our terms and conditions.


11.2    We will take reasonable steps to ensure that the Software we supply to you (if any),  as part of the Service, is virus-free.


11.3    We will use our best endeavours to ensure that the Service is provided continuously during the subscription period and that access to our site is not interrupted by any event within our control.  We will notify you in advance of planned downtime which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours.


11.4     We undertake no obligation to respond to queries.

 

12.    Disclaimer

12.1    We give you no warranty or assurance, except as set out in clause 11 above. We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.


12.2    Our policy is to conduct our business at all times in a professional manner and to best practice standards.  We use our best endeavours to maintain Know-how up to date and to develop our subscription services to meet subscribers’ needs. However, you should note in particular:


(a)    We give you no warranty or assurance that the Service and our means of delivering them are compatible with your software or computer configuration.


(b)    Notwithstanding the terms of clause 11.3, we do not warrant that the Service will be continuously available or that your use of the Service will be uninterrupted or error free.


(c)    We do not warrant that the Service will be free from infection by viruses or that other contaminating or destructive properties will not be transmitted or that no damage will occur to your computer system.


(d)    You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.


(e)    We may change part or all of the Service at our discretion.

 

13.    Limitation of Liability

13.1    Under this clause, "our liability" includes that of any company in our group and our and their respective agents, employees, contributors and consultants and sub-contractors, "you" includes any other party claiming through you and "loss or damage" includes any losses, damages, costs or expenses whatsoever or howsoever arising including but not limited to:


(a)    loss of opportunity;


(b)    loss of profits or anticipated revenue or earnings;

(c)    loss of data, business or goodwill in connection with the site or the Service, whether under the Contract or other agreement or in consequence of any misrepresentation, misstatement or tortious act or omission, including negligence.


13.2    Except as provided under clause 13.3 and 13.5, we shall not be liable for any loss or damage, whether direct or indirect, consequential or otherwise that you may suffer as a result of your use of the site or the Service or the Software (if any).


13.3    If, without cause, we fail to materially perform obligations under the Contract then you may recover an amount to compensate you for any direct loss which you have suffered as a result of such failure subject always to a maximum aggregate liability of the subscription fee paid in relation to the Service.


13.4    We shall have no liability to you under the Contract if we are prevented from or delayed in performing our obligations under the Contract or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, acts of terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.


13.5    Nothing in these terms and conditions excludes or limits our liability for:


(a)    death or personal injury caused by our negligence;

(b)    fraud or fraudulent misrepresentation;

(c)    any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

 

14.    Termination


14.1    The Contract will terminate if you are in material breach of any of its terms and if the breach is not remedied within the time period prescribed by us (if capable of being remedied).   Subject to the terms set out in these terms and conditions, if we are in material breach as a result of circumstances within our control, you will be entitled to pro-rata return of the subscription fee paid by you.


14.2    On termination of the Contract for any reason:


(a)    the licence granted under clause 7.1 above shall immediately terminate;


(b)    subject to the exceptions in this sub-clause, you will take reasonable steps to delete the Software and the Know-how from your electronic media, including your electronic storage devices, so that you no longer have an electronically functional copy of the Software or any part of the Know-how. However, you are not required to delete or destroy printouts containing Know-how that were made prior to termination, or copies of such printouts.


14.3    Termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.

 

15.    Intellectual Property Rights

We and our licensors (where applicable) are the owner of all intellectual property rights in our site, Service and Software, and in the material published on the same.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

 

16.    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 notices, communications and other information that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

 

17.    Notices

17.1    All notices or communications given by you to us must be given to us at the following email addresses:


This e-mail address is being protected from spambots. You need JavaScript enabled to view it     for login access and other technical enquiries
This e-mail address is being protected from spambots. You need JavaScript enabled to view it     for all other communications and notices  under the Contract


17.2    We may give notice to you at either the e-mail or postal address you provide to us on registration, or in any of the ways specified in clause 16 above.  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 to the specified e-mail address of the addressee.

 

18.    Transfer of Rights and Obligations

18.1    The Contract between you and us is binding on you and us and on our respective successors and assignees.  You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.  


18.2    We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

19.    Our Right to Vary these Terms and Conditions

19.1    We have the right to revise and amend our terms and conditions from time to time, whether to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements or changes in our system's capabilities or for any other reason. 

 
19.2    You will be subject to the policies and terms and conditions in force at the time that you submit your subscription/order to us, unless any change to those policies or terms and conditions are required to be made by law or governmental authority (in which case it will apply to subscriptions/orders previously submitted by you), or if we notify you of the change to those policies or terms and conditions before we send you the Service Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Service Confirmation).

 

20.    General Provisions

20.1    The Contract is not intended to benefit anyone other than the parties to it and, in particular, no term of the Contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.


20.2    If any provision (or part of a provision) of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.


20.3    If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.


20.4    No waiver or forbearance by us (whether express or implied) in enforcing any of our rights under the Contract shall prejudice our right to do so in the future.


20.5    The Contract and any agreed written record identifying Authorised Users constitute the entire agreement and understanding of the parties and supersede any previous agreement between us relating to the subject matter of the Contract.  


20.6    If there is any conflict between these terms and conditions and any other legal terms, such as our website terms of use, acceptable use policy, our privacy policy or notices appearing on the Service or our site, these terms and conditions shall prevail.


20.7    The English courts will have exclusive jurisdiction over any claim arising from, or related to, the Contract although we retain the right to bring proceedings against you for breach of our terms and conditions in your country of residence or any other relevant country.  


20.8    The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

 
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