themathsfactor.com

Terms and Conditions

BACKGROUND:

This agreement applies between you, the User of this Web Site and The Maths Factor Limited, the owner of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

This Web Site is operated by The Maths Factor Limited, a private limited company registered in England and Wales under company number 6870232 and whose registered office is at Richmond House, 22 Richmond Hill, Clifton, Bristol BS8 1BA. VAT Registration Number 972 8671 71.

Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

"Account" means collectively the personal information, payment information and credentials used by Users to access Content and / or any communications System on the Web Site;
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
"Free Content" means any Content that is accessible without the payment of a One-Off Fee or Subscription Fee;
"Learning Establishment" means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;
"The Maths Factor" and "themathsfactor.com" means The Maths Factor Limited, Richmond House, 22 Richmond Hill, Clifton, Bristol, BS8 1BA;
"One-Off Content" means Paid Content limited to the Times Tables, Summer Schools and Perfect Practice products (or any further Paid Content products which The Maths Factor notifies you at your Account that you are permitted to use) and also includes access to Content which is not product-specific;
"One-Off Fee" means a one-off sum of money paid by Users to activate their Account and to enable them to access One-Off Content for a fixed Usage Period;
"Paid Content" means Content accessible only upon the creation of an Account and the payment of a One-Off Fee or Subscription Fee;
"Service" means collectively any online facilities, tools, services or information that The Maths Factor makes available through the Web Site either now or in the future;
"Subscription Content" means Paid Content limited to the Arithmetic product (or any further Paid Content products which The Maths Factor notifies you at your Account that you are permitted to use) and also includes access to Content which is not product-specific;
"Subscription Fee" means the sum of money paid or payable by Users at the agreed intervals throughout the term of the Subscription Period to keep their Account active and to enable them to access Subscription Content;
"Subscription Period" means the period for which the initial subscription has been purchased and the period during which the User continues to pay the Subscription Fee for access to Subscription Content;
"System" means any online communications infrastructure that The Maths Factor makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, forums and email links;
"Usage Period" Means the period for which a One-off Fee has been paid to allow access to One-Off Content
"User" / "Users" means any third party that accesses the Web Site and is not employed by The Maths Factor and acting in the course of their employment; and
"Web Site" means the website that you are currently using (www.themathsfactor.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

Intellectual Property

  1. Subject to the exceptions in the Third Party Intellectual Property clause of these Terms and Conditions, all Content included on, and all intellectual property rights in, the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Maths Factor, or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. All such rights are reserved.
  2. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in the Use of Free Content and Use of Paid Content clauses of these Terms and Conditions apply.
  3. The Maths Factor’s status as author (and that of any identified contributors) as the authors of Content must always be acknowledged.

Use of Free Content

You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Web Site for personal or educational purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by The Maths Factor. Specifically you agree that:

  1. You will not use the Free Content of the Web Site for commercial purposes unless given express written permission to do so by The Maths Factor.
  2. You will not systematically copy Free Content from the Web Site in any circumstances, including, without limitation, with a view to creating or compiling any form of comprehensive collection, compilation, directory or database, unless given express written permission to do otherwise by The Maths Factor.
  3. You may, as a student of a recognised Learning Establishment, use the Free Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment.
  4. Employees of Learning Establishments may use the Free Content of the Website for teaching purposes subject to the following conditions:
    1. no further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and
    2. for use in profit-making Learning Establishments, the prior written consent of The Maths Factor is required. Such establishments may include, but is not limited to, private schools charging fees, universities and adult education providers.

Use of Paid Content

  1. Payment of a Subscription Fee for a product grants you access to Subscription Content on the Web Site for the corresponding product for the duration of your Subscription Period. Payment of a One-Off Fee for a product grants you a licence to use One-Off Content on the Web Site for the corresponding product for the duration of your Usage Period. You may use such Paid Content in the following ways:
    1. for personal purposes; or
    2. as a student only, for educational purposes
  2. Commercial use of Paid Content is not permitted under the terms of a normal subscription. Please contact The Maths Factor for details of Commercial level subscriptions and the accompanying Terms and Conditions.
  3. Employees of Learning Establishments are not permitted to use Paid Content for teaching purposes under the terms of a normal subscription. Please contact The Maths Factor for details of Education level subscriptions and the accompanying Terms and Conditions.
  4. Users of Paid Content will be provided with a user identification code and password and you must treat such information as confidential, and you must not disclose it to any third party other than to the extent required for you to legitimately benefit from the Services. The Maths Factor reserves the right at any time to disable any user identification code or password if in its opinion you have failed to comply with any of these Terms and Conditions.
  5. You agree that:
    1. you will not use the Paid Content of the Web Site for commercial purposes unless given express written permission to do so by The Maths Factor;
    2. you will not systematically copy Paid Content from the Web Site in any circumstances, including, without limitation, with a view to creating or compiling any form of comprehensive collection, compilation, directory or database, unless given express written permission to do so by The Maths Factor; and
    3. you may, as a student of a recognised Learning Establishment, use the Paid Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment.

Third Party Intellectual Property

Where expressly indicated, certain Content and the intellectual property rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by the Use of Free Content and Use of Paid Content clauses of these Terms and Conditions to use Content from the Web Site. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

Links to Other Web Sites

This Web Site may contain links to other sites and these are provided for your information only. Unless expressly stated, these sites are not under the control of The Maths Factor or its affiliates. The Maths Factor assumes no responsibility for the content of such web sites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Web Site

  1. Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.themathsfactor.com without The Maths Factor’s prior permission, provided that:
    1. you do so in a way which is fair and legal and does not damage the reputation of The Maths Factor or take advantage of it,
    2. you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of The Maths Factor where none exists; and
    3. the website you are linking to is owned by you and complies in all material respects with our Privacy & Cookie Policy.
  2. Deep linking (i.e. links to specific pages within the site) requires the express permission of The Maths Factor. To find out more please contact The Maths Factor by email at technical@themathsfactor.com.
  3. The Maths Factor reserves the right to withdraw linking permission without notice.

Use of Communications Facilities

  1. When using any System on the Web Site you should do so in accordance with the following rules:
    1. you must not use obscene or vulgar language;
    2. you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
    3. you must not submit Content that is intended to promote or incite violence;
    4. it is advised that posts on message boards, chat facilities or similar and communications with The Maths Factor are made using the English language(s) as The Maths Factor may be unable to respond to enquiries submitted in any other languages;
    5. you must not post links to other web sites containing any of the above types of Content;
    6. the means by which you identify yourself must not violate these terms of use or any applicable laws;
    7. you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
    8. you must not impersonate other people, particularly employees and representatives of The Maths Factor or its affiliates; and
    9. you must not use the System for unauthorised mass-communication such as “spam” or “junk mail”;
  2. You acknowledge that The Maths Factor reserves the right to monitor any and all communications made to it or using the System.
  3. The use of the System and Web Site by a minor is subject to the consent of their parent or guardian.
  4. You warrant that any communications made by you using the System comply with the terms set out in Use of Communications Facilities Item 1 and agree to indemnify The Maths Factor for any breach of such warranty.
  5. Any material you upload to the Web Site or communications made by you using the System will be considered non-confidential and non-proprietary and The Maths Factor has the right to use, copy, distribute and disclose to third parties such material for any purpose. The Maths Factor also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Web Site or using the System constitutes a violation of their intellectual property rights or their right to privacy.
  6. The Maths Factor will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User on the Web Site or using the System.
  7. The Maths Factor has the right to remove any material or posting you make on the Web Site or using the System if, in the opinion of The Maths Factor, such material does not comply with the obligations set out in Use of Communications Facilities Item 1

Viruses, Hacking and other Offences

  1. You must not misuse the Web Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Web Site, the server on which the Web Site is stored or any server, computer or database connected to the Web Site. You must not attack the Web Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this term you would commit a criminal offence under the Computer Misuse Act 1990 and The Maths Factor will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use the Web Site will cease immediately.
  2. The Maths Factor will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Web Site or to your downloading of any Content posted on it, or any website linked to it.

Accounts

  1. In order to access Paid Content on this Web Site and to use the System contact facilities you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Web Site you represent and warrant that:
    1. all information you submit is accurate and truthful; and
    2. you will keep this information accurate and up-to-date.
    Your creation of an Account is further affirmation of your representation and warranty.
  2. Sharing of Accounts is not permitted unless expressly authorised in writing by The Maths Factor. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  3. When choosing your Username you are required to adhere to the terms set out above in Use of Communications Facilities. Any failure to do so could result in the suspension and/or deletion of your Account.

Subscriptions

  1. Subscription charges commence on the date that you activate your subscription and will continue to apply throughout the Subscription Period. Your credit / debit card will be billed on activation and at the regular agreed intervals thereafter.
  2. Your first payment will be at the price advertised on the Web Site. The Maths Factor reserve the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:
    1. increases in price will be reflected in your Subscription Fees on the date of the immediately subsequent renewal; and
    2. decreases in price will be reflected in your Subscription Fees on the date of the immediately subsequent renewal.

    You will receive at least 30 days notice of any change to the Subscription Fees by email to your registered email address.

    For further information on subscriptions and pricing, please visit our Products page at our website www.themathsfactor.com

  3. If you terminate your subscription or Account you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.
  4. If you have subscribed in error you must inform The Maths Factor within 24 hours of subscribing and must not use the Web Site or its Content during that time. If any use can be traced to your Account, no refund will be provided.

One-Off Fees

  1. One-Off Fees will be charged on the date that you make your purchase. Your credit / debit card will be billed on the date of purchase.
  2. If you have purchased in error you must inform The Maths Factor within 24 hours of purchase and must not use the Web Site or its Content during that time. If any use can be traced to your Account, no refund will be provided.

Termination

  1. Either The Maths Factor or you may terminate your Account and (where relevant) your subscription. If The Maths Factor terminates your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, The Maths Factor reserves the right to terminate without giving reasons.
  2. If The Maths Factor terminates your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
  3. If The Maths Factor terminates your Account or subscription for any reason other than your breach of these Terms and Conditions, you will be refunded any remaining balance of your Subscription Fee or One-Off Fee as appropriate. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Subscription Period or Usage Period and multiplied by the number of days remaining until the end of the Subscription Period or Usage Period.
  4. If The Maths Factor terminates your Account or subscription, you will cease to have access to Paid Content from the date of termination.
  5. If you terminate your Account or subscription, you will continue to have access to Paid Content for the remainder of your Subscription Period in accordance with Subscriptions item 3. No refund will be made for any unused portion of the Subscription Period if you terminate your Account or subscription.
  6. Upon termination of your Account or subscription for any reason you must immediately destroy any copies you have made of any Content.

Privacy

Use of the Web Site is also governed by our Privacy & Cookie Policy which is incorporated into these terms and conditions by this reference and The Maths Factor processes information about you in accordance with such Privacy Policy. By using the Web Site you consent to such processing. To view the Privacy Policy, please click on the link above.

Disclaimers

  1. The Maths Factor makes no warranty or representation that the Web Site and/ or the Services will meet your requirements, will be of satisfactory quality, will be fit for a particular purpose, will not infringe the rights of third parties, will be compatible with your systems, or that the Web Site will be secure and The Maths Factor hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, to the extent permitted by law.
  2. Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, The Maths Factor makes no warranty or representation that this is the case. The Maths Factor makes no guarantee of any specific results from the use of the Services.
  3. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
  4. Whilst every effort has been made to ensure that all descriptions of services available from The Maths Factor correspond to the actual services available, The Maths Factor is not responsible for any variations from these descriptions.

Access to and Availability of the Web Site and Changes to Content

  1. The Service and the Web Site are provided “as is” and on an “as available” basis and The Maths Factor reserves the right to withdraw, suspend or amend the Service. The Maths Factor will not be liable if for any reason the Web Site is unavailable at any time for any period. The Maths Factor aims to update the Web Site regularly and may change the Content at any time.
  2. The Maths Factor accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
  3. You are responsible for making all arrangements necessary for you to have access to the Web Site and are responsible for ensuring that all persons who access the Web Site through your internet connection are aware of these Terms and Conditions and that they comply with them.

Limitation of Liability

  1. The Maths Factor’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of any breach of these Terms and Conditions by The Maths Factor shall be limited to the value of a User’s current Subscription Fee or One-Off Fee. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein, to the maximum extent permitted by law, The Maths Factor accepts no liability. Users should be aware that they use the Web Site and its Content at their own risk.
  2. Nothing in these Terms and Conditions excludes or restricts The Maths Factor’s liability for death or personal injury resulting from any negligence or fraud on the part of The Maths Factor.
  3. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Variations

The Maths Factor may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on the Web Site.

Notices

All notices / communications shall be given to us either by post to the address specified above or by email to technical@themathsfactor.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Law and Jurisdiction

These terms and conditions and the relationship between you and The Maths Factor shall be governed by and construed in accordance with the Law of England and Wales and The Maths Factor and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

© 2012 The Maths Factor Terms & conditions | Privacy & Cookie policy