Website Terms of Use

1. Definitions and interpretation

1.1. The defined terms and rules of interpretation in the Schedule at the end of these Terms of Use will apply. Defined terms will be capitalised.

1.2. Unless expressly stated otherwise, words ‘including’, ‘include’, ‘includes’ and ‘included’ as well as any equivalent words or phrases will be interpreted as being followed by the words ‘without limitation’.

2. Applicable Terms

2.1. This Website is owned and operated by The Concentric Curriculum Limited, a company registered in England with registration number 11326133, whose registered address is at C/O Prince Accountancy, Charter House, Sandford Street, Lichfield, Staffordshire, United Kingdom, WS13 6QA.

2.2. By accessing and using this Website, You agree to these Terms of Use.

2.3. If You have a Subscription or have otherwise purchased materials or services from Us, this will be governed by Our Terms of Sale. Please note You must comply with these Terms of Use in addition to Our Terms of Sale when using this Website, including the Community and Your Account.

2.4. We may update these Terms of Use from time to time and You agree to comply with the Terms of Use as amended from the first time You use or access the Website following these changes. You should regularly check the Terms of Use (which can always be found from a link at the bottom of the Home Page) to ensure you are aware of and complying with the latest version.

3. Availability and Content

3.1. We reserve the right to make this Website (or any part of it) permanently or temporarily unavailable for any reason. We also may block any person or IP address from accessing the Website on a permanent or temporary basis, with or without cause.

3.2. Some elements of Our Website are freely available whilst others are only available to those who have an Account and/or a Subscription. We may alter the elements of the Website which are available free of charge from time to time.

3.3. All Content available on the Website (including all Intellectual Property Rights in the Content) is owned by Us or our licensors. You may only access and use such Content as permitted by these Terms of Use and/or any applicable Terms of Sale.

3.4. Subject to paragraph 3.5 below, you may access and use the Content for information purposes only. You may not copy, alter, repost, imbed, forward or otherwise use or share the Content with any other person without Our prior written consent.

3.5. You may link to our Home Page from Your website or social media profile provided:

3.5.1. You clearly identify the Website as a third party site owned and operated by Us;

3.5.2. You do not purport that You or any other person is the owner or operator of the Website or any of the Content or are connected with or authorised by Us;

3.5.3. The profile or website from which the link is based complies in all respects with the requirements relating to User Generated Content in paragraph 4; and

3.5.4. We have not required You to remove a link, in which case You will remove the link and any reference to Us and the Website from your website or profile immediately.

3.6. Save as required by applicable law, make no warranty as to the use, accuracy or completeness of the Website or any Content.

4. Demonstration calls

4.1. If You would like a demonstration of the Content and materials We make available under a Subscription, You may book a Demonstration using the calendar available in the ‘Book a Demonstration’ section.

4.2. Demonstrations are subject to availability. If We are able to accommodate the time You select, We will send You a confirmation email to the address You provide. We may reschedule Your call by email if necessary.

4.3. Your first Demonstration will be free of charge. Any further Demonstration will be chargeable at the price specified in the ‘Book a Demonstration’ section.

4.4. Any charge will be payable in advance via debit or credit card. The payment will be completed using Our third party payment provider, Stripe. Any applicable VAT will be payable in addition.

5. User Generated Content

5.1. You may be able to add or upload User Generated Content to the Website, in particular within the Community section.

5.2. In using the Community and adding or providing User Generated Content, You undertake:

5.2.1. To treat all persons with courtesy and respect and not to use language or expressions which may be reasonably expected to offend, upset or intimidate other users;

5.2.2. Not to add or upload any content which is violent, pornographic or obscene or which discriminates against others on the grounds of race, gender, sexual orientation, gender identity, nationality, age, religion or political or philosophical beliefs;

5.2.3. Not to link or affiliate the Website or upload any content associated with any website, organisation, individual or social media account which promotes crime, violence, terrorism, discrimination or hatred of any person or group;

5.2.4. Not to introduce any bugs, viruses, trojan horses, worms or other programs or systems which may damage Our Website or systems;

5.2.5. Not to add or upload any content which will or may infringe the Intellectual Property Rights of any third party or breach a duty of confidentiality;

5.2.6. Not to copy or share any Content or User Generated Content without Our and any relevant user’s prior consent;

5.2.7. Not to use the Community to discuss religious or ideological beliefs;

5.2.8. Not to share personally identifiable information, including photographs and links to social media accounts, of any child under the age of 18; and

5.2.9. Not to share personally identifiable information relating to any other person without such person being aware of the terms of Our Privacy Policy.

5.3. If You upload or share User Generated Content, You grant Us an unlimited, perpetual, irrevocable and royalty-free licence to use, copy, amend, distribute and sub-license such content.

5.4. If You are concerned about another user or any User Generated Content available on the Website, You may inform Us at info@concentric-curriculum.co.uk. Please note any decision regarding removal of content or blocking access to the Website or Community will be made at Our absolute discretion.

5.5. Without prejudice to Our other rights and remedies, We reserve the right to remove your User Generated Content and/or block Your access to the Community (either temporarily or permanently) if We believe You have not complied with the Website Terms of Use or this paragraph 4.

5.6. You indemnify Us from and against any claims, losses and associated costs arising out of or in connection with Your breach of this paragraph 4.

6. Liability

6.1. Nothing in these Terms of Use will limit either party’s liability for death, personal injury, fraud, fraudulent misrepresentation, breach of section 2 of the Supply of Goods and Services Act 1982 or any other liability which cannot be legally limited or excluded.

6.2. Nothing in these Terms of Use will limit Your liability for breach of clauses 3 or 4.

6.3. Subject to clauses 5.1 and 5.2, neither party will be liable for:

6.3.1. Loss of profits, revenue or funding;

6.3.2. Loss of business;

6.3.3. Loss of opportunity;

6.3.4. Loss of data;

6.3.5. Loss of goodwill or reputation;

6.3.6. Loss of league table or other ranking status;

6.3.7. Special losses;

6.3.8. Consequential losses; or

6.3.9. Indirect losses.

6.4. Subject to paragraph 5.1, Our aggregate liability under these Terms of Use is £1,000 or any fees paid and payable by You in the previous 12 months, whichever is less.

7. Personal Data and Cookies

7.1. Our collection, storage, retention and use of Personal Data, including Our use of Cookies, is covered in our Privacy Policy . Our Privacy Policy can be accessed from a link at the bottom of the Home Page.

7.2. If an individual wants a copy of the Personal Data We hold about them, they can contact Us at info@concentric-curriculum.co.uk.

8. Notices

8.1. We may notify You of changes to these Terms of Use and the Website by updating the Website.

8.1.1. You may Notify Us by emailing Us at info@concentric-curriculum.co.uk.

8.2. Emails will be deemed to be received at the time of receipt.

9. General

9.1. These Terms of Use together with the Terms of Sale (if applicable) and the Privacy Policy are the entire agreement between the parties in relation to their subject matter and supersede and replace any previous agreements and understandings.

9.2. You may not assign, sub-license, sub-contract or transfer any of Your rights and obligations to any person without Our prior written consent. We may assign, sub-license, sub-contract or transfer Our rights and/or obligations to any third party.

9.3. If any provision or part of these Terms of Use becomes invalid or unenforceable, it will (to the greatest extent permitted by applicable law) be disapplied only to the extent of the invalidity or enforceability, leaving the remainder of these Terms of Use in full force and effect.

9.4. No delay or omission in exercising any right, power or remedy provided by these Terms or by law shall operate to impair or be construed as a waiver of such right, power remedy or any other right, power or remedy or preclude any other or further exercise of any right power or remedy.

9.5. These Terms of Use are governed by English law. The parties each submit to the exclusive jurisdiction of the English courts, provided nothing in these Terms will prevent Us from seeking injunctive or other equitable relief in any jurisdiction worldwide.

 

SCHEDULE DEFINITIONS

The following words have the following meanings:

(Your) Account A password-protected online account hosted on the Website via which You can access specific Content and materials provided by Us under a Subscription.
Community The online community intended for use by Teachers, hosted on Our Website and available via Your Account.
Content Web pages, information, images, links, wording, teaching resources and other material made available by Us via the Website.
Demonstration A call conducted via Zoom demonstrating the Content and other materials made available under a Subscription, arranged and conducted in accordance with paragraph 4.
Intellectual Property Rights patents, trade marks, service marks, trade names, registered and unregistered designs, trade or business names, copyright (including, but not limited to, rights in software), database rights, design rights, rights in confidential information and any other intellectual property rights whatsoever irrespective of whether such intellectual property rights have been registered or not which may subsist in any part of the world.
Personal Data As defined in the Data Protection Act 2018.
Privacy Policy The privacy policy available on the Website which governs Our collection, processing and use of Personal Data (including through the use of cookies) via the Website.
Subscription A subscription to use services and materials provided by Us, available within the access-restricted areas of the Website.
Terms of Sale The terms of sale which govern the purchase of a Subscription and/or any materials or services from Us as provided via the order form on the Website and updated from time to time.
(these) Terms of Use the terms of use applicable to use of this Website as set out in this document, as amended from time to time.
User Generated Content Any words, comments, images or other content posted or uploaded by You or any other user of the Website.
We, Us and Our The Concentric Curriculum Limited, a company registered in England with registration number 11326133, whose registered address is at C/O Prince Accountancy, Charter House, Sandford Street, Lichfield, Staffordshire, United Kingdom, WS13 6QA.
Website/ Our Website Our website available at www.concentric-curriculum.co.uk or such other web address as We may from time to time specify.
You, Your and Yours Any user of the Website.