Terms and conditions

1. Definitions

The following definitions shall apply in these terms and conditions (“Terms and Conditions”)

 

APP: is an abbreviation for Assessing Pupils' Progress, the resource developed for use in schools by the UK government prior to May 2010.

Contract: refers to the agreement incorporating these Terms and Conditions entered into between you and us as a result of raising an Order that is accepted by us.

Licence: means a time-limited, non-exclusive, non-assignable, revocable licence provided to you by us to use the Services.

Order: means the order placed by you to us for a Licence and to use the Services

Services: means those services available through the Website which consist of access to selected APP resources for mathematics; Steps to Success created by Mathsmap Limited; and other resources provided by us from time to time as deemed appropriate. All users of the Website have unrestricted access to all of the services provided the user has a Licence which has not expired or been terminated.

'us', 'we', or 'our' refer to MathsMap Limited.

'Website' means the website with the URL www.MathsMap.co.uk

'you', 'your' refer to any person, firm, body corporate, or organisation (for example a school) that purchases a Licence.


2. Our contract with you

2.1 When you place an Order we will send you an email confirming receipt of your Order and the details of how to log in to the Website. The price payable by you is that contained on our Website from time to time.

 

2.2 Your Order represents an offer to us to purchase a Licence and to use the Services which is accepted by us when we send email confirmation (“Confirmation Email”) to you. The Contract is formed at the time that we send the Confirmation Email to you.

 

2.3 If you have purchased the Licence by purchase order you will receive a second email containing a VAT invoice which must be paid within 30 days of the date of the second email.

 

2.4 If you have purchased the Licence by using a credit or debit card, or through an existing PayPal account, you will also receive a second email containing a VAT invoice but this will be for accounting information only.

2.5 When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, by entering into a Contract you consent to receive communications from us electronically and you further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

2.6 If you have indicated at the time of your Order, or by contacting us later, that you do not wish to be contacted then we will only communicate with you if the information is essential to the continuing maintenance of your Licence. This condition does not affect your statutory rights.

3. Provisions for consumers

 

If you are contracting as a consumer the following provisions will apply


3.1. If you are a consumer, you have a legal right to cancel the Contract during the period set out below in clause 3.2. This means that during the relevant period if you change your mind, or, for any other reason you decide you do not want to continue with the Services, you can notify us of your decision to cancel the Contract and receive a refund.


3.2 Your legal right to cancel the Contract starts from the date of the Confirmation Email. You have a period of 7 (seven) working days in which you may cancel the Contract, starting from the day after the day you receive the Confirmation Email advising that you have been granted a Licence. Working days means that Saturdays, Sundays or public holidays are not included in this period.


3.3 To cancel the Contract, you must contact us in writing by sending an email to Mike Powell at mike.powell@mathsmap.co.uk. You should keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us.


3.4 Should you cancel the Contract you will receive a full refund of the price you paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 3.2.

 

4. Granting of the Licence to use the Website

4.1 You are granted the Licence immediately upon entering into the Contract.

 

4.2 The Licence gives you unrestricted access to all of the content in the Website.

4.3 The right to use the Licence will commence on the day that we confirm your Order by email. The term of the Licence is 12 months from this date unless we have extended it by notice to you in writing. The duration of your Licence will also be stated in your invoice which is emailed to you automatically on confirmation of your Order.

 

4.4 We reserve the right to terminate your Licence at any time without compensation if you fail to pay your invoice within 30 days of its issue date, if you become bankrupt, enter into an agreement with your creditors, appoint a receiver, liquidator or administrator over your affairs, or if you otherwise breach these Terms and Conditions.

5. Renewal of the Licence

5.1 If you choose the option to have your licence renewed automatically you will be sent an invoice by email one month before the expiry date, and your licence will be extended by one year from the existing expiry date. You must pay the invoice within 30 days or we reserve the right to terminate your licence in accordance with the provisions described in section 4.4 above. If you choose to renew your licence manually then sections 5.2 onwards will apply.

 

5.2 Starting one month before the expiry date of your Licence, you will be prompted to renew your Licence every time you log in to the Website, but you will be able to continue to use the Website without renewing the Licence up to and including its expiry date. After the expiry date you will be invited to renew your Licence, but if you do not renew it access to the Website will be blocked.

5.3 When you renew your Licence the new expiry date will be set as follows:

5.3.1 If you renew before the expiry date of the existing Licence the new expiry date will be one year after the existing expiry date, or longer than this if we have agreed in writing to extend it.

 

5.3.2 If you renew your Licence after it has expired, the new expiry date will be one year from the renewal date or longer than this if we have agreed to extend it.

6. Losses

6.1 We will be responsible for any direct losses that you suffer as a result of us breaching these Terms and Conditions if those losses were reasonably foreseeable to both you and us when you commenced using the Website, or when the Contract was formed.

 

6.2 We will not be responsible for any indirect loss, or any direct loss that was not reasonably foreseeable to both you and us when you commenced using the Website or when the Contract was formed.


6.3 Nothing in these Terms and Conditions shall limit or exclude our liability for:


6.3.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;


6.3.2 fraud or fraudulent misrepresentation.


6.4 Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 125% of the value paid to us under the Contract.

 

7. Alteration of Service or Amendments to the Terms and Conditions

7.1 We reserve the right to make changes to our Website, policies, and these Terms and Conditions at any time.

 

7.2 You will be subject to the policies and Terms and Conditions in force at the time that you use the Website or that you make an Order, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to Orders previously placed by you).

 

7.3 If any of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

8. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under the Contract if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

9. Your Username and Password

9.1 All users of the Website are responsible for maintaining the confidentiality of their usernames and passwords. The "main user account" for a school or a LA is the first user account created when the Licence was purchased.

 

9.2 The details of the main user account are sent to the email address given at the time of the Order. The main user account for a school is then able to see all the other user accounts (10, 20, 30, 40 or 50 per school depending on the licence type purchased) which are visible in the My Account link when the main user logs in. The main user is then able to distribute these details to users in the school. These are always up to date even if one of the other users has changed either the username or the password which was created when the Licence was purchased. The main user is responsible for ensuring that usernames and passwords are given only to users in the school for which they were purchased.

9.3 Please ensure that the details which we hold about you in the My Account area of the Website are correct and complete and inform us immediately of any changes to the information that you provided when registering. We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order before you have used your Licence you will be charged nothing.


10. Restrictions on the use of the website

10.1 The Licence does not permit you to sell or use for commercial purposes any of the content of the Website. You are allowed to download content for your own use and for distribution to adults and pupils involved with your own work, for example in connection with teaching activities in your school.

10.2 The Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

10.3 The Licence does not include any use of data mining, robots, or similar data gathering and extraction tools.

10.4 You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) owned by us or our affiliates without our express written consent.

 

10.5 You may not use any meta tags or any other "hidden text" utilising our or our affiliates' names or trademarks without our express written consent. Any unauthorised use terminates the Licence granted with immediate effect.

 

10.6 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of MathsMap.co.uk as long as the link does not portray us, our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use our logo or other proprietary graphic or trademark as part of the link without our express written consent.

 

11. Data Privacy

You can read our Data Privacy policy here.

12. Access to MathsMap.co.uk

We will do our utmost to ensure that the Website will always be available and that transmissions of data will be 100% accurate. However the nature of the Internet means that this cannot be guaranteed. From time to time we may have to restrict your access to the Website to allow for repairs, maintenance, or the introduction of new facilities or services. We will do everything we can to limit the frequency and duration of any such restriction.

13. Responsible use of MathsMap.co.uk

13.1 You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

13.2 You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

13.3 You must not use the Website for any of the following:

13.3.1 for fraudulent purposes, or in connection with a criminal offence or other unlawful activity

 

13.3.2 to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or is deemed to be objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety

 

13.4 Users of the Website are allowed to contact us with comments and enquiries provided that the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, does not infringe anyone’s intellectual property rights, or is otherwise injurious to third parties, or is objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any content.

14. Copyright and database rights

14.1 Some of the material made available by us through the Website is subject to © Crown copyright. Usage of this material is subject to the terms and conditions of the Open Government Licence which can be seen here. Users of the Website are required to observe these terms and conditions in the same way as any other user of Crown copyright materials.

14.2 All other content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MathsMap Limited, its affiliates or its content suppliers and is protected by international copyright, authors' rights and database right laws.

 

14.3 The compilation of all non-Crown copyright content on this Website is the exclusive property of MathsMap Limited and /or its affiliates and is protected by United Kingdom and international copyright and database right laws.

 

14.4 All software used on this Website is the property of MathsMap Limited, our affiliates or our software suppliers and is protected by international copyright and other intellectual property laws.

 

14.5 You may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without our express written consent.

 

14.6 You also may not create and/or publish your own database that features substantial parts of this Website without our express written consent.

15. Governing Law and Jurisdiction

 

These Terms and Conditions and any dispute arising out of or in connection with them shall be governed by English Law and the parties to the Contract irrevocably submit to the exclusive jurisdiction of the courts of England and Wales

 

16. MathsMap Limited

MathsMap Limited (company number 7427098) is a private limited company incorporated under the Companies Act 2006 in England and Wales.

The Business Address, which should be used for all correspondence, is:

Peel House Gate
Stocks Lane
Luddenden
Halifax
West Yorkshire
HX2 6SP

E contact@mathsmap.co.uk

T 07789 632915

The Registered Office is:

Firth Parish Chartered Accountants
1 Airport West
Lancaster Way
Yeadon
Leeds
LS19 7ZA

You can contact us by visiting our contact page.

 

 

 

Latest on MathsMap

GDPR and PECR compliance

 

We have updated our privacy policy to reflect the requirement to comply with the new General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations (PECR).  You can view the new policy here.