Terms And Conditions Applying To Subscriptions to Maths-Whizz® at Home

Introduction
Definitions
Access and Use
(a) Subscription Process
(b) Pricing and Payment
(c) Renewals, Cancellation and Termination
(d) Money Back Guarantee
Privacy Policy
Technical Requirements and Site Security
WARRANTIES AND LIMITATION OF LIABILITY
Third Party Sites and Services
Discussion Forums
Force majeure
General
Choice of Law and Jurisdiction
Corporate Information
Changes to Terms and Conditions
Whizz Education Privacy Policy

1. Introduction

It is very much in your interests to read this document carefully. These are the terms and conditions applicable to subscribers to, and users of, Maths-Whizz® at Home. By ticking the box when invited to do so, you warrant that you have read and agreed to all the terms and conditions stated herein including all the provisions of our Privacy Policy. These terms and conditions replace and supersede any previous offer or terms and conditions previously posted on any website operated by Whizz Education or entered into verbally or otherwise between you and Whizz Education and/or any representatives of Whizz Education.

If you do not agree with the terms and conditions (or are not authorised to do so) you should not use Maths-Whizz at Home or permit anyone else to do so. If there is anything in these terms and conditions which you do not understand and/or you have any questions please contact customerservice@whizzeducation.com.

We recommend that you print a copy of these terms and conditions and of our Privacy Policy for your records.

These terms and conditions were last updated on 1st June, 2007 and replace all previous terms and conditions for Maths-Whizz at Home (previously referred to as Maths-Whizz.com or just Maths-Whizz).

From time to time Whizz Education may run competitions, free prize draws, promotions and surveys. These are subject to additional terms and conditions that will be made available at the time they are run.

2. Definitions

In these terms and conditions, the words shown have the following meanings:-

“Whizz Education, we, us our” refers to Whizz Education, the owner and provider of Maths-Whizz at Home and the Maths-Whizz Content. See the Corporate Information section 13 below for more details.

“Whizz.com” refers to the website located at www.whizz.com or any website past, present or future operated by Whizz Education as its principal website.

“You, Subscriber” refers to the buyer of Paid For Services who takes out one or more Subscriptions on behalf of one or more Students.

“Student” refers to each individual/student nominated by a Subscriber to use Maths-Whizz at Home and the Maths-Whizz Content.

“Subscription” refers to access to Maths-Whizz at Home available to a Student on behalf of whom a payment to subscribe to Maths-Whizz at Home has been made.

“Account” refers to the record maintained by Whizz Education in respect of each Subscriber, the Subscription(s) associated with that Subscriber and the Student(s) nominated by that Subscriber.

“Paid For Services” refers to Subscriptions for which the payment has been any or all of (1) one year in advance (2) monthly in advance or (3) in accordance with any other payment plan, and in all cases whether or not subject to discounts or special terms of any kind.

“Maths-Whizz at Home” and the abbreviation “Maths-Whizz” refers to the online mathematics tutoring service at www.whizz.com access to which can be purchased by means of a Subscription.

“Maths-Whizz Content” refers to the lessons, exercises and reports sequenced and personalized for each Student together with the virtual bedroom, virtual shop and other material available from time to time to Subscribers to Maths-Whizz and their Students.

3. Access and Use

Whizz.com has areas that are accessible to all (for example, sample Maths-Whizz Content). Registration alone at Whizz.com does not, however, provide access to Maths-Whizz at Home. Maths-Whizz (and the full Maths-Whizz Content) is accessible only to paying Subscribers and to the nominated Student(s) of paying Subscribers. Please note that Maths-Whizz Content has been designed for use by UK Students – see Section 7 below for further details.

These terms apply to Subscribers to Maths-Whizz and their Students both irrespective of the delivery platform you and the Student(s) use - e.g. desktop PC, laptop, mobile device, PDA or otherwise - and irrespective of how the Maths-Whizz Content is delivered to you and the Student(s) - e.g. via web browser, WAP browser, email, SMS or otherwise. By accessing Maths-Whizz and facilitating access to Maths-Whizz by your Student(s) you are agreeing that these terms and conditions are binding on you and your nominated Student(s).

Provided that the essence of Maths-Whizz at Home as an online mathematics tutoring service is maintained, Whizz Education may change, alter or withdraw any part of Maths-Whizz and the Maths-Whizz Content at any time (with or without notice to you). Whizz Education may also change these terms and conditions. Whizz Education will publish details of any changes to the terms and conditions in Section 14 below. You should regularly check Section 14 of these terms and conditions to see if any changes have been made since by using Maths-Whizz or permitting your Student(s) to do so after we have posted the changes, you are agreeing to be bound by them. If you do not agree to the changes you should cease using Maths-Whizz, procure that the Student(s) cease(s) to do so and you may cancel your Subscription(s) to any Paid For Services in accordance with your rights set out in Section 4.

Permitted Use: All Maths-Whizz Content belongs to Whizz Education or its licensors. Whizz Education or its licensors own all Intellectual Property Rights in the Maths-Whizz Content and any selection or arrangement of the Maths-Whizz Content. By “Intellectual Property Rights“, we mean all copyright (including, without limitation, copyright in computer code, software, animations, artwork, audio-visual effects, characters, concepts, drawings, diagrams, methods of operation, and sounds), moral rights, related rights, patents, domain names, trade marks, trade names, service marks, rights in designs, database rights, know-how, and all other similar industrial or intellectual property rights (whether or not registered or capable of registration) and any applications for such rights or extensions of such rights as may now or in the future exist anywhere in the world.

You and your nominated Student(s) may for your personal, non-commercial use:

retrieve and display Maths-Whizz Content on any compatible device
print copies of printable items; and
store such printable items in electronic form on disk or on a mobile device (but not on any server or other storage device connected to a network other than your home network).

Restrictions on Use: You and your nominated Student(s) may not use Maths-Whizz at Home for any unlawful purpose. Except as expressly set out above, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive, publicly display or in any way commercially exploit any of the Maths-Whizz Content. Without limitation, you may not do any of the following without prior written permission from Whizz Education (and neither may you allow a third party to do any of the same):

redistribute any of the Maths-Whizz Content (including by using it as part of any syndication, content aggregation, library, archive or similar service); or
remove the copyright or trade mark notice from any copies of Maths-Whizz Content made under these terms and conditions; or
create a database in electronic or structured manual form by systematically and/or regularly downloading/printing and storing all or any of the Maths-Whizz Content; or
deep link to, frame, spider, harvest or scrape the Maths-Whizz Content or otherwise access the Maths-Whizz Content for similar purposes; or
use any machine, electronic, web based or similar device to read or extract the Maths-Whizz Content by automated or machine based means (as opposed to using your own eyes).

You acknowledge that "Whizz Education", "Maths-Whizz" and the Whizz logo are registered trade marks owned by Whizz Education and that you undertake not to use any of them in any way without prior written permission from Whizz Education.

Linking: If you would like to link to Whizz.com, please first contact ray.douse@whizzeducation.com. In brief, a site or service that links to Whizz.com:

may display a Whizz logo (subject to our display guidelines) but must not otherwise use any Whizz Education trade marks without permission from Whizz Education;
may not remove, distort or otherwise alter the size or appearance of the logo;
must not in any way imply that Whizz Education is endorsing it or its products or services unless otherwise agreed in writing by Whizz Education;
must not misrepresent its relationship with Whizz Education or present false information about Whizz Education;
must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
must not be a site or service that contains content that could be construed as distasteful, offensive or only suitable for visitors over the age of 18 or that might in any way be detrimental to the best interests of Whizz Education.

Whizz Education expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate.

PLEASE NOTE THAT IN ADDITION AND WITHOUT PREJUDICE TO OUR RIGHTS AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL STUDENTS USING MATHS-WHIZZ.

At School Use: If you and/or your nominated Student(s) are using Maths-Whizz at Home in an "at school" capacity (whether for a school, charity etc.) and this use extends beyond personal, non-commercial use then you should contact Whizz Education at ray.douse@whizzeducation.com to discuss your requirements, since it is possible that such use of Maths-Whizz and the Maths-Whizz Content extends beyond what is permitted by these terms and conditions. In particular, all requests to republish, redistribute or syndicate Maths-Whizz Content, whether lessons, exercises (or parts thereof) or the right to use Maths-Whizz and/or the Maths-Whizz Content internally within any school (for example, as part of classroom presentations and/or for tuition) or any external use that you may make (for example, within client reports or briefings) should be addressed to us, as such use falls outside the scope of use permitted by these terms and conditions.

4. Subscription Process; Pricing and Payment; Renewals, Cancellation and Termination; Money Back Guarantee

(a) Subscription Process- provision of registration information, Subscriber and Student IDs

To become a Subscriber, you must provide Whizz Education with accurate, complete registration information and it is your responsibility to update and maintain changes to that information as and when necessary on the applicable Account page accessible to a Subscriber . Whizz Education is entitled to rely on any information you provide to us for the purpose of creating and maintaining your Account.

As part of the process of becoming a Subscriber, you will choose a user name (your email address) and password allowing you access to your Account (“Subscriber ID”). On payment of the appropriate price for one or more Subscriptions, each Subscriber may nominate one or more Students. Each Student you have nominated will be allocated a unique Student name and will be able to choose their unique password (“Student ID”). Whizz Education does not permit any other person than the nominated Student sharing the Student ID registered for that Student or access through a single Student ID being made available to multiple Students on a network. Please note that Whizz Education may cancel or suspend your and your nominated Student(s)’ access to Maths-Whizz immediately in the event of shared use of a Student ID without further obligation to you.

You are responsible for all use of Maths-Whizz at Home made by you, your nominated Student(s) or anyone else using your Subscriber ID and for preventing unauthorised use of your Subscriber ID and the Student IDs of your nominated Student(s). If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your Subscriber ID or any payment information, you must notify Whizz Education immediately by e-mailing customerservice@whizzeducation.com.

We recommend that you and your nominated Student (s) do not select an obvious password (such as your name), and that you change passwords regularly.

If you provide Whizz Education with an email address that will result in any messages Whizz Education may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or school) then you warrant that you are entitled to receive those messages. You also agree that Whizz Education may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if we receive a request from a third party to stop sending messages to you.

(b)Pricing and Payment

A Subscription may be either monthly or annual, in each case with payment being made in advance.

The price of a monthly Subscription is the amount per Student paid monthly shown on the Subscription Options page of Whizz.com. Until 31st May, 2006, an initial payment equivalent to two months of use was generally required with the single monthly payment beginning one month after the initial payment. For the avoidance of doubt, a monthly Subscriber whose subscription began on or before 31st May, 2006 and who wishes to pay for exactly 12 months of use will normally make the initial payment and ten further single monthly payments.

From 1st June, 2006, the initial payment for a monthly Subscription and subsequent monthly payments are the same amount. So for exactly 12 months of use, a monthly subscriber beginning after 1st June, 2006 will normally make the initial payment and eleven further single monthly payments.

The price of an individual annual Subscription is the amount shown on the Subscription Options page of Whizz.com. The price for additional annual Subscriptions purchased by a Subscriber for additional Students in the Subscriber’s family will generally be a reduced amount per Student.

All prices are subject to reduction at Whizz Education’s discretion by referral or other discounts.

Whizz Education reserves the right, acting reasonably at all times, to vary the Paid For Services, including the timing of payments by Subscribers for all forms of Subscription, and does not guarantee that Paid For Services will remain paid for or that a free-of-charge service will remain free-of-charge. Should Whizz Education improve the Paid for Services, Whizz Education also reserves the right to charge additionally for such improved services. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. Your Internet Service Provider and/or telephone operator may also charge you for time spent accessing Maths-Whizz in the same way you pay for telephone calls.

Whizz Education will charge you in British Pounds Sterling whatever your country of residence. All subscription prices include U.K. Value Added Tax at the rate of 17.5%. No refund of U.K. Value Added Tax will be made in the event that such tax is not applicable for whatever reason. Whizz Education reserves the right to change its prices in the event of changes in the rate of U.K. Value Added Tax.

You agree to pay any subscription fees at the rates in effect when the charges are incurred and payment is due. You must provide us with complete and accurate payment information. Payment will usually be by either credit or debit card. In limited circumstances Whizz Education will also accept payment by cheque or by standing order to a U.K. bank. By submitting your bank, credit or debit card payment details to Whizz Education or to a third party acting on behalf of Whizz Education you warrant that you are entitled to purchase the Paid For Services using those payment details. In the case of unauthorised payments Whizz Education reserves the right to suspend or terminate your access to the Paid For Services. If we do not receive any payment which is due, or a payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Paid For Services.

Whizz Education will try to process your Subscription(s) promptly but does not guarantee that the Paid For Services will be available to you or your Student(s) by any specified time. In the case of payment by credit or debit card, a contract with you for receipt of the Paid For Services will come into effect when you have accepted these terms and conditions, made an initial payment, and received an automated email from Whizz Education confirming your Subscription(s). In the limited circumstances where payment has been made by cheque, standing order, via an arrangement with your Student’s school or otherwise, a contract will come into effect when you register and nominate Student(s) on Whizz.com, enter an activation key for each Student supplied to you by email or when you provided the standing order, accept these terms and conditions, and are sent the automated email confirmation confirming your Subscription(s). Thereafter, in all cases, the Student(s) nominated by you will be given access to Maths-Whizz as soon as the registration process for the Student(s) is complete.

Account and Subscription creation is subject to the receipt of appropriate payment and the provision of a genuine email address at which you can receive emails. If the email address you supply is false, inaccurately spelt, or inactive Whizz Education will be unable to activate your Account and Subscription(s) and a delay will follow while the situation is rectified, for which Whizz Education accepts no responsibility.

Your Account will remain active from the point at which you receive an email confirmation from Whizz Education to the point at which (all of) your Subscription(s) expire(s) or is/are cancelled in accordance with any of the provisions detailed above or below.

While any of your Subscription(s) are current, your nominated Student(s) will be granted unrestricted access to Maths-Whizz at Home (see Whizz.com for our recommendation that Students should use Maths-Whizz for two or three weekly sessions of between half an hour and an hour and the conditions below of the Money Back Guarantee applicable only to Subscriptions beginning after 1st June, 2007 requiring at least 78 hours of exercise work in 1 year) . While every effort will always be made to ensure that the site is available at all times there may be occasions when, due to repair, maintenance or improvement of Maths-Whizz, and/or unforeseen technical difficulties affecting the server, the Internet in general, or other equipment and/or some other emergency, the Maths-Whizz site may be unavailable. Whizz Education makes no representation that the site will be available at all times and accepts no liability for any temporary unavailability, for which no refunds will be made.

(c) Renewals, Cancellation and Termination

Renewal of Annual Subscription: Our Customer Services team will endeavour to inform any Subscriber who has paid an annual Subscription of the subscription fee payable for subsequent years at least four weeks before the anniversary of the current Subscription. Access to Maths-Whizz will only remain continuous if the renewal subscription fee is received prior to the anniversary date of the current Subscription.

Cancelling or Changing your Maths-Whizz Subscription: When you first subscribe you are entitled to cancel your Subscription within the first seven working days of making your Subscription. You may cancel your Subscription during this period by calling our Customer Services at + 44 (0)800 066 9980 and sending an email to customerservice@whizzeducation.com . In the event that you do cancel your Subscription within the first seven working days we will refund in full any payment we have received from you. Following the expiry of seven working days, you may cancel your future payment obligations for a Maths-Whizz Subscription at any time but to do so, you must send an email to customerservice@whizzeducation.com and you should ensure that your email arrives at least the day before any new payment is due. In the event of such cancellation, Whizz Education will not refund you or credit your account with any amounts you have paid us in advance that relate to any remaining period of the Subscription, including any amounts paid or due to be paid immediately prior to our receiving an email cancelling the Subscription. Lastly, you may change a Subscription (from monthly in advance to one year in advance) online by following the instructions on the website. If you change the payment basis for a Subscription these terms and conditions will continue to apply to such Subscription.

Subscription Payment Dispute: If you dispute with your bank or your credit card company a payment which you have already made and as a result of which we have in good faith provided Paid for Services and access to our site beyond the initial seven working day cancellation period, you will remain liable to us for such payment and in addition a £10 charge per disputed payment. You will be billed for these amounts until payment is received by us in full, and interest may be applied. In the case of persistent non-payment your debt may be passed on to a third-party debt collection agency. This may affect your credit rating, and could result in legal action being taken against you.

Account and Subscription Misuse: Whizz Education reserves the right without prior warning to close any Accounts and to terminate Subscriptions being used for any other purpose than for the provision of educational services to the Student(s) nominated by the individual Subscriber. Possible forms of misuse include, but are not restricted to the following: (i) Data theft - information provided is for the benefit of the Student(s) nominated by the individual Subscriber only, and must not be shared, published, or otherwise disseminated in any way; (ii) password-sharing and multiple use - the sharing of login details is strictly prohibited. Access by any person other than the nominated Student either concurrently or at a different time may result in Account closure; (iii) the initial Student assessment being undertaken by a person (s) other than the Student and/or deliberate prolongation of exercise times to secure entitlement to the Money Back Guarantee; (iv) incorrect information - if the information you provide about yourself or your nominated Students is false or incorrect you may be denied access to your Account or your Account may be closed. This applies in particular to the sign up process where the use of a false or inaccurate email address will render you unable to activate your Account, for which we accept no responsibility and for which no refunds will be issued. No refunds will be given for, and the Money Back Guarantee will, under no circumstances, apply to, any Accounts closed due to Student assessment(s) being undertaken by person(s) other than the Student(s) and/or other forms of misuse.

Other Termination Circumstances: Whizz Education also reserves the right to close any Account and/or to terminate any Subscription and/or to suspend the availability of Maths-Whizz immediately and without notice if (i) bankruptcy or other insolvency proceedings are brought against the Subscriber, (ii) you are unable to pay your debts as they fall due, fail to make payments which become due, or you cancel your direct debit or continuous payment authority preventing Whizz Education or a third party on our behalf from collecting payment as it becomes due, (iii) you are no longer able lawfully to access Maths-Whizz at Home, or (iv) Whizz Education can no longer provide Maths-Whizz at Home or provide Maths-Whizz in a manner which we deem appropriate. In the event that an Account is closed for whatever reason any information which is stored about the Subscriber and /or any nominated Student(s) on our servers will be deleted.

(d) Money Back Guarantee

If all of the following conditions are satisfied, namely

your Subscription to Maths-Whizz at Home begins or has begun on or after 1st June, 2007; and
a period of 1 year has elapsed since you paid an annual Subscription or, if you are initially a monthly Subscriber, since you paid the first monthly Subscription; and
for an initial monthly Subscriber, either 12 monthly payments have been made or a lesser number of monthly payments plus an annual Subscription (if you decide to convert your monthly Subscription to an annual) ; and
the usage report about your Student shows that he or she has spent at least 78 hours on Maths-Whizz exercises within the one year period since the Subscription began (equivalent to 90 minutes per week); and
having completed the initial Maths-Whizz assessment without assistance, your Student’s average maths age has not improved by 1 year or more from the average maths age at his/her initial Maths-Whizz assessment as recorded in your student’s text report; and
you contact us by email to request your money back,

then we will refund the whole of the Subscription(s) you have paid for the period of 1 year in respect of the Student who has improved by less than 1 year (pro rating any annual Subscription paid in conversion of a monthly Subscription within the 1 year period so that the amount of it refunded corresponds to the number of months which have elapsed between payment of the annual Subscription and the end of the 1 year period).

5. Privacy Policy

Whizz Education takes the privacy of its Subscribers and Students seriously, and is especially conscious of the need to protect all information concerning children using Maths-Whizz at Home . We are committed to safeguarding the privacy of our Subscribers and Students while providing a personalised and valuable service. Our Privacy Policy statement explains the data processing practices of Whizz Education in relation to both Subscibers and Students. By accepting these terms and conditions the Subscriber specifically consents to Whizz Education’s use and/or disclosure of your and your nominated Student(s)’ Data (as defined in the Privacy Policy) for the purposes described therein.

6. Technical Requirements and Site Security

Maths-Whizz at Home is best viewed using the Internet browsers IE6 or above or Firefox 1.0 or above. Any older browser versions may work but Students could have limited browsing experience. Any payment information you send to us over the Internet is encrypted using 128-bit Secure Socket Layer technology. SSL is currently the preferred method to securely transfer credit card data over the Internet.

7. WARRANTIES AND LIMITATION OF LIABILITY

The Maths-Whizz Content primarily consists of mathematics lessons and exercises covering the U.K. National Numeracy Strategy which use animation and other help features to demonstrate mathematical concepts and techniques. Following an initial assessment of a Student’s capabilities, Maths-Whizz’s Virtual Tutor creates a sequencing of lessons and exercises aimed at taking the Student to a higher level of achievement in mathematics provided that the Student commits sufficient time to absorbing the lessons and undertaking the exercises. The Student’s progress is continuously assessed with the sequencing of lessons and exercises being dynamically updated as required. Whizz Education makes no representation concerning the suitability of the Maths-Whizz Content for Students not following the U.K. National Curriculum. Whizz Education is not responsible for any use of the Maths-Whizz Content by you and/or the Student outside its scope as stated in these terms and conditions.

LIMITED WARRANTY
What we can guarantee: WHIZZ EDUCATION SHALL DEVELOP AND OPERATE MATHS-WHIZZ WITH REASONABLE SKILL AND CARE, SEEKING TO ENSURE THAT ALL MATHS-WHIZZ CONTENT IS SUITABLE FOR CHILDREN AND THAT WHIZZ.COM HAS REASONABLE SECURITY PROCEDURES IN PLACE AT ALL TIMES. WHIZZ EDUCATION SHALL USE REASONABLE ENDEAVOURS TO MAKE MATHS-WHIZZ AVAILABLE TO STUDENTS 24 HOURS A DAY 7 DAYS A WEEK, SUBJECT TO ROUTINE MAINTENANCE AND SITE UPDATES AND TO SECTION 10 BELOW.

What we cannot guarantee: EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, WHIZZ EDUCATION DOES NOT GIVE ANY WARRANTIES IN RESPECT OF MATHS-WHIZZ AT HOME. AS WITH ANY EDUCATIONAL PROGRAMME, THE BENEFIT DERIVED FROM THE USE OF MATHS-WHIZZ DEPENDS ON THE DILIGENCE OF THE STUDENT AND COMPLIANCE WITH THE REQUIREMENTS OF MATHS-WHIZZ.

WHILST MATHS-WHIZZ AT HOME IS AN INDIVIDUAL LEARNING PROGRAMME TAILORED TO THE INDIVIDUAL NEEDS OF EACH STUDENT, A LIMITATION OF AN INTERNET-BASED LEARNING SYSTEM IS THE FACT THAT IT DEPENDS ON THE ANSWERS SUBMITTED BY THE STUDENT AS THE MAIN FORM OF ASSESSMENT AND CANNOT TAKE INTO ACCOUNT THE FULL RANGE AND COMBINATION OF FACTORS WHICH COULD BE IMPORTANT IN THE CASE OF ANY PARTICULAR STUDENT'S DEVELOPMENT. NOR, IMPORTANTLY, CAN AN INTERNET- BASED LEARNING SYSTEM ADDRESS THE SITUATION WHERE A STUDENT HAS HAD ASSISTANCE IN COMPLETING THE QUESTIONS WITHOUT ACTUALLY UNDERSTANDING THE PRINCIPLES INVOLVED.

HAVING REGARD TO THESE CONSIDERATIONS, WHIZZ EDUCATION CANNOT GIVE ANY WARRANTIES THAT EVERY STUDENT'S PERFORMANCE WILL IMPROVE THROUGH THE USE OF THE SITE NOR DOES WHIZZ EDUCATION WARRANT THAT THE USE OF THE SITE WILL REMEDY ANY SPECIAL LEARNING PROBLEMS.

WHIZZ EDUCATION CANNOT BE RESPONSIBLE IF SOME STUDENTS FIND OFFENCE IN SOME MATHS-WHIZZ CONTENT WHETHER FOR RELIGIOUS, ETHNIC OR OTHER REASONS. IF ANY OFFENCE IS CAUSED, IT WILL BE COMPLETELY UNINTENDED.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WHIZZ EDUCATION HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. WHIZZ EDUCATION OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE SERVICE NOR THAT THE SPEED OF THE SERVICE WILL NOT BE ADVERSELY AFFECTED BY FACTORS AFFECTING THE INTERNET GENERALLY. NEITHER DOES WHIZZ EDUCATION PROVIDE ANY WARRANTY THAT MATHS-WHIZZ IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

OUR LIABILITY EXCLUSION
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT WHIZZ EDUCATION WILL NOT BE LIABLE TO YOU FOR ANY FAILURE BY THE STUDENT TO IMPROVE IN MATHEMATICS, TO PASS ANY TESTS OR EXAMS, AT SCHOOL OR EXTERNAL, NOR FOR ANY LOSSES OR DAMAGE WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR OR YOUR NOMINATED STUDENT(S)’ USE OF MATHS-WHIZZ (INCLUDING LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU OR THE STUDENT(S) USING MATHS-WHIZZ OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.

IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT WHIZZ EDUCATION WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR OR THE STUDENT(S)’ USE OF MATHS-WHIZZ.

YOUR REMEDIES
WHIZZ EDUCATION SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY TECHNICAL FAULTS IN MATHS-WHIZZ OF WHICH IT IS AWARE. IF YOUR SUBSCRIPTION BEGINS OR HAS BEGUN AFTER 1ST JUNE, 2007, PLEASE REFER ALSO TO “MONEY BACK GUARANTEE” IN SECTION 4 (d) ABOVE.

YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY DAMAGES THAT YOU AND/OR THE STUDENT(S) INCUR ARISING OUT OF YOUR USE OF MATHS-WHIZZ (TO THE EXTENT THAT WHIZZ EDUCATION'S LIABILITY IS NOT EXCLUDED BY THIS SECTION 7) IS AS FOLLOWS:

IF YOU HAVE SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, YOUR REMEDY IS LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF MATHS-WHIZZ. THIS IS SUBJECT TO A LIMIT EQUAL TO THE FEE PAID BY YOU TO WHIZZ EDUCATION PURSUANT TO THESE TERMS AND CONDITIONS DURING THE YEAR IN WHICH THE DAMAGE IS INCURRED. YOU MAY AT YOUR OPTION RECEIVE PAID FOR SERVICES TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES.

IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE ABOVE LIMIT ON OUR LIABILITY IS UNENFORCEABLE, THEN YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED DAMAGES GREATER THAN TWICE THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL MATHS-WHIZZ SUBSCRIPTION FEE.

The above disclaimers and restrictions on liability apply equally to your and the Student(s)’s use of Maths-Whizz at Home and all Maths-Whizz Content.

OTHER INFORMATION

Without limiting the above, Whizz Education is not liable for matters beyond its reasonable control. You are responsible for the computer and communications equipment necessary to access Maths-Whizz at Home. Whizz Education does not control telephones, third party communications networks (including your Internet Service Provider), the Internet nor the acts of third parties.

Notwithstanding anything else contained in the provisions of this Section 7, Whizz Education's liability will not be limited in the case of death or personal injury directly caused by Whizz Education's negligence.

8. Third Party Sites and Services

Maths-Whizz at Home may contain links to other Internet websites or online and mobile services provided by independent third parties ("Third Party Sites"), either directly or through frames. Third Party Sites may be co-branded with Whizz Education and so include Whizz Education's trade mark. Whizz Education is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you purchase products or services from a Third Party Site your contract for such products or services will be with the third party and not with Whizz Education. Our Privacy Policy does not apply to Third Party Sites.

Copyright in any software that is made available for download from Maths-Whizz belongs to Whizz Education or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. Whizz Education is not responsible for any technical or other issues that may arise if you download third party software. Do not install or use any software unless you agree to such licence agreement.

9. Blogs and Discussion Forums

Whizz.com and Maths-Whizz may include blogs and discussion forums that allow interaction between Subscribers, Students and visitors to Whizz.com ("Forums"). While Whizz Education will not seek to control the information/materials posted to Forums (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums and you waive any moral rights that you may have in regard to the Messages.

You must comply with any rules posted by Whizz Education on a Forum. You may not:

post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
disguise the origin of any Messages;
impersonate any person or entity (including Whizz Education employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
post or otherwise publish any Messages unrelated to the Forum or the Forum's topic;
post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of Maths-Whizz or any computer software or equipment;
collect or store other Subscribers’ and Students' personal data;
restrict or inhibit any other Subscriber or Student from using the Forums.

You are solely responsible for the content of your Messages. By submitting messages to any Forum you agree to indemnify Whizz Education from all claims, costs and expenses (including legal expenses) howsoever arising out of any Messages posted or published by you that are in breach of this Section 8.

The Forums contain Messages submitted by Subscribers and Students over whom Whizz Education has no control. Whizz Education cannot guarantee the accuracy, integrity or quality of any Messages. Some Subscribers and Students may breach these terms and conditions and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forums and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.

Whizz Education employees (who will be clearly identified as such) will also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain messages from special guests selected by Whizz Education. The opinions of those Whizz Education employees and special guests are their own and are not necessarily endorsed by Whizz Education. They should not be considered by you as professional advisers.

By submitting Messages to any Forums you are granting Whizz Education a worldwide perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your name and alias and your expressions of opinion. Whizz Education reserves the right to contact you by e-mail with regard to your use of the Forums.

It is not possible for Whizz Education to fully and effectively monitor when Messages may infringe the copyright of a third party or other third party rights. If you believe that a Message infringes any legal rights that you may have, you should notify Whizz Education immediately with specific details by contacting customerservice@whizzeducation.com

10. Force majeure

Notwithstanding anything contained in these terms and conditions we shall not be liable for failure or delay in performing any of our obligations because of any cause beyond our reasonable control (including but not limited to (a) decision of any court or other judicial body of competent jurisdiction, (b) unavailability of equipment, power or other commodity, (c) failure or non-availability of Internet or telecommunications facilities, computer hardware or software, (d) act of God, war, riot, terrorist attack, civil commotion, malicious damage, fires, flood or storm (e) strikes or other industrial disputes (whether involving our workforce or that of any other party) or (f) acts of government or other prevailing authorities or default of suppliers, sub-contractors or other third parties).

11. General

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. Provided that we give you notice, Whizz Education may, without your consent, transfer the benefit and burden of these terms and conditions to any person taking over the supply of Maths-Whizz at Home.

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.

Nothing in these Terms and Conditions is intended, under the Contracts (Rights of Third Parties) Act 1999, to create any rights which are enforceable by any person who is not a party to the agreement between the Subscriber and Whizz Education. Nothing in these Terms and Conditions shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.

12. Choice of Law and Jurisdiction

These terms and conditions shall be governed by, and construed in accordance with, the laws of England and Wales.

To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of such courts.

For the exclusive benefit of Whizz Education and to the extent possible in the applicable jurisdiction, Whizz Education shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.

13. Corporate Information

Maths-Whizz at Home is operated by Whizz-Biz Limited trading as Whizz Education whose corporate details are as follows: registered office address is 18 Ditton Park Road, Datchet, Berkshire SL3 7JB; company number is 4494788; VAT number is 824 7539 10; and Data Protection Registration Number is Z8747153. Whizz-Biz Limited may assign its rights and obligations under these terms and conditions to any other company which becomes a subsidiary or parent company of Whizz-Biz Limited.

14. Changes to Terms and Conditions

These terms and conditions were published on 1st June, 2007 and replace with immediate effect the terms and conditions previously published on 14th February, 2007. The principal changes have been to introduce the Money Back Guarantee for Subscriptions which begin on or after 1st June, 2007. The terms and conditions are subject to further change from time to time without notice or consultation. Any future changes will be effective without notice being given to each Subscriber.

Whizz Education’s Privacy Policy

Introduction

Whizz Education takes seriously the privacy of all who visit our website, including visitors, registrants, Subscribers to Maths-Whizz at Home and their nominated Students. We are especially conscious of the need to protect all information concerning children using Maths-Whizz . We are committed to safeguarding the privacy of our Students while providing a personalised and valuable service. This Privacy Policy statement explains the data processing practices of Whizz Education in relation to the provision of Maths-Whizz. If you have any requests concerning your personal information or any queries with regard to these practices please contact our Privacy Officer by e-mail at ray.douse@whizzeducation.com.

Our site(s) contain(s) links to third party sites which are not subject to this privacy policy. We recommend that you read the privacy policy of any such sites that you visit.

References to Terms and Conditions are to the terms and conditions applicable to Subscribers to Maths-Whizz at Home and their Student(s).

Information Collected

Personal information is collected by Whizz Education which is registered with the UK's Information Commission as a Data Controller in accordance with the Data Protection Act 1998.

Company:
Whizz-Biz Limited trading as Whizz Education

Registered Office:
18 Ditton Park Road
Datchet
Berkshire SL3 7JB

Registered Number: 4494788

Data Protection Registration Number: Z8747153

We collect personally identifiable information about visitors to our websites, especially Subscribers and nominated Student(s) (your "Data") through:

the use of enquiry and registration forms, and the completion of an Assessment
when you purchase any of our products or services
the provision of details to us either online or offline

The elements of your Data that we collect may include:

Your name and sex
Home address and phone number
Mobile telephone number
E-mail address
Payment details such as credit card information and bank account information
Market research data such as school information
The name, date of birth , sex and contact details of nominated Students
The mathematics ability of any individual completing an assessment
Family relationships of multiple nominated Students

If you are a Maths-Whizz Subscriber we will also collect information regarding your nominated Student(s)’ use of the service including the time and duration of all visits to Maths-Whizz, the Student(s)’ scores in all exercises, and the age level reached in all Maths-Whizz topics.

We also collect information automatically about visits by nominated Students to Maths-Whizz. Please see the Use of Cookies section for more details.

Use and Disclosure of Personal Information

By accepting the Terms and Conditions a Subscriber consents to Whizz Education’s use and/or disclosure of your and your nominated Student(s)’ Data for purposes which may include:

providing the nominated Student(s) with a personalised service
providing you with feedback about use of Maths-Whizz by the nominated Student(s)
processing orders, registrations, changes to registrations and enquiries
credit checking by a credit reference agency who may record that a credit check has been made
disclosing certain personal details including account details to a bank, credit card operator or other payment processor for the purposes of setting up a continuous payment authority and/or collecting direct debits
conducting market research surveys
running competitions
providing you with information about other products and services we offer (providing you agree to receive such information)
consolidating anonymised Data about the nominated Student(s) with similar data concerning other Students and sharing such data with you, other Subscribers and/or third party organisations
facilitating cookies - see Use of Cookies section for more details.

We may also disclose your Data to third party suppliers we engage to provide services which involve processing data on our behalf, to our business partners who have introduced you to Maths-Whizz and whose referral code you have used in making your Subscription, to successors in title to our business or in accordance with a properly executed court order or if we are otherwise required to do so by law.

We also use information in aggregate form (so that no individual Student is identified):

to build up marketing profiles
to aid strategic development
to provide such information to actual and prospective subscribers and educational authorities
to audit usage of the site.

Under no circumstances will we make an individual child’s information available to any third parties other than to the Subscriber who has nominated that child, or in accordance with such Subscriber’s instructions, or to a parent company or subsidiary of Whizz Education and, in the latter case, only in connection with the continuing provision of the Maths-Whizz service.

If you wish to receive information about Whizz Education products or services or from other carefully selected organisations about products or services they offer, please indicate your preferences using the consent boxes when providing us with your Data.

In accepting the Terms and Conditions each Subscriber agrees that you do not object to Whizz Education contacting you in connection with Maths-Whizz whether through telephone, email or otherwise, and you confirm that you do not and will not consider any of the above to be a breach of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999 or the Privacy and Electronic Communications (European Directive) Regulations 2003.

Use of Cookies and Other Tracking Devices

We use cookies to help personalise each Subscriber’s and the nominated Student(s)’ use of Maths-Whizz. A cookie is a small piece of information which is sent to your computer's hard drive by the web server so that the website can remember who you and/or the nominated Student are. This information may include information relating to your use of our sites, information about your computer such as the computer's IP address and browser type, demographic data and, if you arrived at our site via a link from a third party site, the URL of the linking page. If you are a Subscriber this may include your name and email address for verification purposes.

We use information from cookies for purposes which may include:

identifying returning Subscribers and nominated Students and allowing Subscribers and nominated Students to be presented with a personalised version of either Whizzeducation.com or Maths-Whizz
enabling you to move more easily around our site(s)
tracking your use of our site(s) to better develop our site(s) in accordance with your requirements
building up a demographic profile

You can delete cookies from your hard drive at any time. However this will mean that any settings will have to be reset. You can set your internet browser so that it will not allow cookies to be stored on your computer. This may reduce functionality of our site(s), prevent access to subscriber-only areas of the site(s) and mean that certain features or content will not be available to you. Further information on how to prevent cookies from being stored on your computer can be found on http://www.allaboutcookies.org under the 'manage cookies' section. Alternatively go to the help menu within your internet browser.

From time to time we may permit third party companies to set cookies on Maths-Whizz for purposes which may include market research, serving advertisements, revenue tracking or to improve functionality of the site.

Security Policy

Whizz Education has appropriate measures in place to ensure that our Subscribers’ and nominated Students' Data is protected against unauthorised access or use, alteration, unlawful or accidental destruction and accidental loss. Such Data may be transferred outside Whizz Education to data processors such as fulfilment houses but they will act only on our instructions to provide the services required.

Transfer of Data

The Internet is a global environment. Using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing Whizzeducation.com and communicating electronically with us each Subscriber acknowledges and agrees to our processing of personal data in this way. By agreeing to our transfer of your Data to third party organisations for them to send you details of products and services offered (as detailed above) you are deemed to provide your consent to any transfer of your Data to organisations based outside the European Economic Area.

Student Access and Control of Data

If you wish to amend any of the Data which we hold about you, or update your marketing preferences, please contact customer@whizzeducation.com detailing your request. Calls made to our telephone numbers may be recorded for training and quality control purposes.

In accordance with the Data Protection Act 1998, you may request a copy of the personal information we hold about you by contacting the Privacy Officer at ray.douse@whizzeducation.com or writing to:

Company Secretary
Whizz Education
18 Ditton Park Road
Datchet
Berkshire
SL3 7JB

We may charge the statutory allowable fee for provision of this information.

Changes to this Policy

This policy is effective 1st June, 2007. From time to time we may make changes to this privacy policy statement to reflect any changes to our privacy practices in accordance with changes to legislation, best practice or website enhancements.