Access Agreement for the Use of Maths-Whizz Teachers’ Resource for Schools
IMPORTANT: Please read carefully these terms and conditions regarding your use of the Maths-Whizz Teachers’ Resource for Schools service (the “Service”) before signing an Order Form for the Service and/or ticking the acceptance check box below, if you agree to these terms.
By signing an Order Form and/or by clicking on the “I Accept” button at the bottom of this screen, You are agreeing to be bound by the terms and conditions of this Agreement which will form a legal agreement between You and Us. If You do not agree to these terms and conditions, You will not be permitted to access the Service.
You agree that Your use of any Updates and/or Upgrades of the Service will be subject to the terms of this Agreement, together with any additional terms which may accompany such Updates or Upgrades.
You understand that Your right to use the Service is dependent upon Your payment of all applicable fees when due, and that if you do not pay such fees when they are due, We may terminate your access to the Service with or without notice and You will be unable to keep using the Service.
You agree that as part of the installation and registration process for the Service, You will provide to Us certain personal data from which individuals may be identified, including, by way of example, the names and email addresses of contact persons within Your institution, so that we can contact You regarding Your use of the Service, and in particular, in relation to renewing Your access to the Service each year. We are committed to protecting such personal data in accordance with all relevant legislation. By accepting these terms and conditions, You indicate Your consent to our use of Your personal data as set out above.
This Access Agreement (the “Agreement”) for the use of Maths-Whizz Teachers’ Resource for Schools is between:-
Service Provider: Whizz Education Limited of Macmillan House, Paddington Station, London W2 1FT, England (“Whizz Education”, “We” or “Us”); and
Customer: You, as the institution having purchased access to use Maths-Whizz Teachers’ Resource for Schools (“You”).
You should note that ‘You’ means You as the single institution or entity (for example, a single school, college or other institution) which has purchased access to the Service, and does not include any affiliates or other entities or institutions which may be connected or affiliated to You. If these other entities or institutions wish to use Maths-Whizz Teachers’ Resource for Schools they must purchase their own access.
1. access, retrieve and display the Service and all material available through the Service on a network, server or on one or more personal computers under Your control within the premises of Your institution for internal use within Your institution;
2. in the case only of a Permitted User who is a teacher, access, retrieve and display the Service and all material available through the Service on their own single personal computer both inside and outside of your premises for use in connection with their school work only;
3. print out individual screen extracts from the Service to be photocopied for classroom use only within Your institution, for internal use by Permitted Users and for use outside of the classroom by Permitted Users for homework or preparation for such classroom work;
4. 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 a network under Your control within the premises of Your institution).
For the avoidance of doubt, access to the Service by Permitted Users who are students is permitted only within Your premises. Teachers who cease to be Your employees cease at the same time to be Permitted Users.
The activities described in items 1 to 4 above are referred to in this Agreement as the “Permitted Activities”.
You cannot, and You will not allow Permitted Users to:
1. copy the Service or any part thereof for any purposes not specified above in the Permitted Activities;
2. alter the Service, or in any way reverse engineer, disassemble, decompile or create a derivative product from the contents of the Service save to the extent permitted by applicable mandatory laws (such as, for example, national laws implementing EC Directive 91/250 on the Legal Protection of Computer Programs);
3. include the Service or any part of it in any other product or Service materials;
4. lease, rent, hire, lend, distribute or sell the Service or any part of it;
5. use the Service in any way not specified in the Permitted Activities set out above without the prior written permission of Whizz Education;
6. remove or obscure any copyright, trade mark or other proprietary notice of Whizz Education or its licensors from any portion of the Service or from any print outs made from the Service;
7. redistribute any of the Service (including by using it as part of any syndication, content aggregation, library, archive or similar service);
8. cache any part of the Service in a proxy server;
9. create a database in electronic or structured manual form by systematically and/or regularly downloading/printing and storing all or any of the Service;
10. deep link to, frame, spider, harvest or scrape the Service or otherwise access the Service for similar purposes;
11. use any machine, electronic, web based or similar device to read or extract the Service by automated or machine based means (as opposed to using your own eyes); or
12. divulge School User Details to, and/or permit the use of School User Details by, persons who are not, or have ceased to be, Your employees.
The activities described in items 1 to 12 above are referred to in this Agreement as the “Prohibited Activities”.
You agree that You will draw the terms of this Agreement to the attention of all Permitted Users, that You will ensure that all such Permitted Users comply with these terms and that You will remain exclusively liable for any breaches of these terms by such Permitted Users. For the purposes of this Agreement, all acts and omissions of Permitted Users shall be deemed to be Your acts and omissions. If We reasonably believe that You and/or Your Permitted Users are, for example, misusing School User Details, we reserve the right to terminate the Service – see Term and Termination below.
These terms apply to You and to all Permitted Users both irrespective of the delivery platform You and the Permitted User(s) use – e.g. desktop PC, laptop, mobile device, PDA or otherwise – and irrespective of how the Service is delivered to You and the Permitted User(s) – e.g. via web browser, WAP browser, email, SMS or otherwise. By accessing the Service and by facilitating access to the Service by your Permitted User(s) you are agreeing that these terms and conditions are binding on You and Your Permitted User(s).
You may terminate this Agreement before the end of the Term by giving us notice in writing at any time. Unless We are in breach of Our obligations to You, You will not be entitled to any refund of the fees paid by You.
At the end of the Term, this Agreement will automatically terminate and Your access to the Service and that of all Your Permitted Users will be automatically disabled unless You have agreed to extend your Agreement for a new period and have paid the applicable renewal fees by that date.
If You and Your Permitted Users do not continue to do only what You and they are allowed to do as a Permitted Activity under this Agreement or if You and Your Permitted Users do anything which You and they are not allowed to do which is forbidden as a Prohibited Activity, You will be in breach of the Agreement. If You are in breach of this Agreement this Agreement will terminate automatically and Whizz Education shall have the right to disable Your access to the Service and to take action to recover from You any damages suffered by Whizz Education as a result of Your breach.
We also reserve the right to terminate this Agreement at any time and for any reason on giving notice to You. If we terminate your access to the Service pursuant to the immediately preceding sentence, we will refund a proportion of the fee relating to the remainder of the Term for which You have paid (if any).
What we can guarantee: WHIZZ EDUCATION SHALL DEVELOP AND OPERATE THE SERVICE WITH REASONABLE SKILL AND CARE, SEEKING TO ENSURE THAT IT IS SUITABLE FOR TEACHERS AND STUDENTS. WHIZZ EDUCATION SHALL USE REASONABLE ENDEAVOURS TO MAKE THE SERVICE AVAILABLE TO YOU AND TO YOUR PERMITTED USERS 24 HOURS A DAY 7 DAYS A WEEK, SUBJECT TO ROUTINE MAINTENANCE AND SITE UPDATES AND TO THE SECTION ENTITLED “FORCE MAJEURE” BELOW.
What we cannot guarantee: EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, WHIZZ EDUCATION DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE SERVICE. AS WITH ANY EDUCATIONAL PROGRAMME, THE BENEFIT DERIVED FROM THE USE OF THE SERVICE DEPENDS ON THE SKILL OF THE TEACHERS AND THE DILIGENCE OF THE STUDENTS WHO USE IT.
WHIZZ EDUCATION CANNOT BE RESPONSIBLE IF SOME STUDENTS FIND OFFENCE IN SOME OF THE SERVICE WHETHER FOR RELIGIOUS, ETHNIC OR OTHER REASONS. IF ANY OFFENCE IS CAUSED, IT WILL BE COMPLETELY UNINTENDED.
This warranty is limited to You and is not transferable.
This limited warranty is void if any failure of the Service to comply with the warranty has resulted from accident, abuse, misapplication, neglect, use of the Service other than in accordance with the FAQs, service or modification by someone other than Whizz Education. In no event shall Whizz Education be liable for any damages whatsoever arising out of You accessing the Service other than in accordance with the FAQs, even if advised of the possibility of such damages. Whizz Education will not be liable for any loss or damage of any kind suffered by any party as a result of reliance upon or reproduction of any errors in the content of the Service.
Whizz Education does not warrant that the functions of the Service meet Your requirements or that the media is compatible with any computer system or network on which it is used or that the operation of the Service will be unlimited or error free. You assume responsibility for selecting the Service to achieve Your intended results and for the installation of, the use of and the results obtained from the Service.
To the maximum extent permitted by applicable law, the entire liability of Whizz Education and Your only remedy in connection with this Agreement and the Service shall be refund of the fee paid by You for the Service which failed to meet the warranty.
No information or advice (oral, written or otherwise) given by Whizz Education or Whizz Education’s agents or distributors shall create a warranty or in any way increase the scope of this warranty.
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 THE SERVICE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHIZZ EDUCATION SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND (EXCEPT FOR PERSONAL INJURY OR DEATH RESULTING FROM WHIZZ EDUCATION’S NEGLIGENCE OR FOR LOSSES RESULTING FROM FRAUD, WHIZZ EDUCATION’S LIABILITY FOR WHICH SHALL NOT BE LIMITED) ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR FROM ERRORS, DEFICIENCIES OR FAULTS THEREIN, WHETHER SUCH LOSS OR DAMAGE IS CAUSED BY NEGLIGENCE OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, WHIZZ EDUCATION AND ITS LICENSORS SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, EVEN IF WHIZZ EDUCATION OR ITS LICENSORS ARE ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL WHIZZ EDUCATION’S AND ITS LICENSORS’ AGGREGATE LIABILITY EXCEED THE PURCHASE PRICE OF THE SERVICE FOR A ONE YEAR PERIOD.
General: This Agreement represents the entire agreement between You and Us as to the matters dealt with in it and shall prevail over any inconsistent terms or conditions referred to in any purchase order or other correspondence You may submit to Us or our resellers, distributors or agents (which terms shall not be binding on Us). We reserve the right to vary or amend these terms and conditions at any time. We will give you notice of any material variation. We may assign our rights and obligations under this Agreement, or may sub-contract performance thereof to any third party. You may not assign, sub-contract, transfer or sub license any of Your rights and obligations under this Agreement to any third party. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force.
It is not intended by You or by Us that anyone other than You and Us as the parties to this Agreement be entitled to obtain any benefit under this Agreement or to enforce any of its terms and the Contracts (Rights of Third Parties) Act 1999 is hereby expressly excluded. Any notices required to be given in writing to Whizz Education or any questions concerning this Agreement should be addressed to The Secretary at Whizz Education Limited, Macmillan House, Paddington Station, London W2 1FT, England.
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Maths-Whizz, Whizz Education and the Whizz logo are registered trademarks of Whizz Education Limited in the UK and the Whizz logo is a registered trademark of Whizz Education Limited in the EU, the USA and a number of other countries.