Below you will find the Terms and Conditions for our Online Shop followed by the Terms and Conditions for our Website.
Eduvate Online Subscriptions: Terms and Conditions
Thank you for purchasing a Eduvate subscription. Please understand that we have to place restrictions on what you are allowed to do with them:
This is a binding contract between you and Eduvate Ltd (or “Eduvate” for short). Where these terms refer to “you”, they refer also to any employee or person working for you, or anybody authorised by you”. You should print a copy of these contract terms, or save them to your computer memory, to refer to in the future. This contract is governed by the law of Scotland and is subject to the exclusive jurisdiction of the Scottish Courts.
We reserve the right to vary any terms, and any such varied terms will replace these terms. If you are subscribing on behalf of any other person or body, you confirm that you have authority to bind that person or body on whose behalf you are acting.
How the Subscriptions work
You can use our eCommerce service to buy a yearly subscription to Eduvate Online (which gives you access to online resources). To place an order, follow the instructions on our website. Please take time to ensure there are no errors before placing your order. After you have placed an order, the contract between us will be formed when (for online resources) you gain access to the online resources.
Every order will be subject to the terms and conditions then in force. If we are unable to supply you with your product for any reason, we will inform you by email and will not process your order. If you have already paid, we will refund you the full amount as soon as possible.
What is supplied (the “Eduvate Subscription”)
The “Eduvate Subscription” referred to in these terms include any licence, any physical subscriptions and any support or other services, or any of them, referred to below, together with any intellectual property or other ancillary rights. The Eduvate Subscription include the following:
(a) Licence to use podcasts, presentations or videos
In return for payment of a subscription, you are granted a limited, non-exclusive, revocable licence to make non-commercial use of the Eduvate Subscription for the purpose of the education, of students (this licence being known as “Eduvate Online”). Eduvate Online is subject to these terms and conditions and will last for one year, subject to renewal and payment by you.
Eduvate Online is licensed, not sold, to you, and Eduvate retains ownership of all Eduvate Online content including podcasts, presentations and videos and all associated documents even after you have ceased to subscribe to Eduvate Online on your computer or other devices. Similarly, the Eduvate website and the content provided via that website are also the property of Eduvate Ltd. The restrictions on use are more fully set out in clause 4 below.
Eduvate Online is personal to you, and you may not share it, sell it or otherwise allow or facilitate access to Eduvate Online to anybody else or in the case of a school or college (an institution) to any other such organisation.
You may not assign Eduvate Online, or your subscription, or any rights arising under them, nor may you transfer or sub-license your rights to Eduvate Online, to any third party. You may not assign, sub-licence, transfer or otherwise share your rights to any hard-copies or downloads of materials obtained under Eduvate Online.
Following the expiry or earlier termination of your subscription, your entitlement to use the Eduvate subscription, lectures, podcasts, presentations, videos and other materials provided to you under Eduvate Online, or otherwise in your control, will immediately cease.
(b) Physical goods
Where hard copy resources, such as DVDs, CDs and written materials are supplied as part of Eduvate, they may be retained and used by you during and following the expiry of the subscription, subject always to the restrictions set out in these conditions and the Eduvate website terms and conditions.
Where hard-copy resources are supplied by Eduvate under a contract of sale, the content remains subject to all Eduvate’s intellectual property rights, as more fully set out in these conditions and the Eduvate website terms and conditions.
(c) Support and assistance
During your subscription to Eduvate Online we will endeavour to provide email support within normal working hours, and will use our reasonable efforts to assist you with any problems which may arise from time to time. This service is subject to availability of staff and resources from time to time, and will cease upon termination of the subscription. This service is subject to limitations set out in these conditions.
Limitations on use
You agree not to use the Eduvate Subscription in any manner not expressly permitted by these conditions. In particular, you agree to the following:
(a) No sharing content with non-subscribers
The Eduvate Subscription, whether supplied under Eduvate Online or under contract of sale, are not for resale or passing on to any third party who has not entered into their own contract with Eduvate and paid for the Eduvate Subscription. You agree not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify, or share in any way, the Eduvate Subscription.
(b) No sharing of passwords
Your password protects your access to the Eduvate Subscription. You must keep this password confidential and secure. You are not allowed to share passwords. Your password is solely for use by you, and you must not allow or facilitate its use by anybody else.
You understand that you are responsible for all use of your username and password on your subscription. If your username or password is lost or stolen, or if you believe there has been unauthorised access to your account by third parties, please notify us immediately and change your password as soon as possible. If your password is being abused by others, we are entitled to terminate your contract immediately.
(c) No downloads of presentations, videos or other media
You must respect Eduvate’s property rights, which means, amongst other things, you must not copy, reproduce, “rip”, record, or make available to the public any part of the Eduvate Subscription, or otherwise make any use of Eduvate Subscription which is not expressly permitted under these terms.
You must not screen grab video, or capture audio, from Eduvate Subscription, or otherwise make any capture or copy, make any derivative work, or create any alternative source of Eduvate Subscription.
You acknowledge that you have no right to have access to Eduvate software in source code form or in unlocked coding. You must not in any way attempt to circumvent any technical protection for the Eduvate Subscription. You must not do any of these things directly or indirectly, or by arrangement with others, or facilitate the doing of these things by others.
(d) No use for profit-making
Eduvate Subscription are for the exclusive and sole use of the purchaser only. They are supplied solely for use in teaching, domestic and private use and any other not-for-profit educational activities. They are not for business or commercial use. They are not for public performance or for broadcast to or access by non-subscribers, except with our written consent. They are not to be used for profit, business, for onward sale, or for any commercial activity. We accept no liability for the use of the subscriptions in such a manner, and may terminate this contract forthwith if the Eduvate Subscription are used in this way.
(e) No breach of Eduvate copyright
All Eduvate trademarks, service marks, trade names, logos, domain names, and any other features of the Eduvate Subscription or website are the sole property of Eduvate. You must not use these, otherwise than in accordance with this contract. You have no rights to the Eduvate Subscription other than the right to use them in accordance with the terms of this contract.
Limitations on our liability
As a consumer, you have legal rights in relation to goods and services which are faulty or not as described. Nothing in these terms will affect your legal rights. Otherwise, because we are a charity, we are very limited in our ability to pay for insurance policies and other outlays, and therefore we must limit our exposure to liability to you.
Therefore, unless expressly stated in our contract with you, we do not give any guarantee or warranty in relation to the subscriptions supplied, and any implied term, representation or condition is excluded, except to the extent that the same cannot be excluded by law.
We are not responsible for ensuring that the subscriptions are suitable for the use you intend. In any event, save for liability for death, personal injury or any liability imposed by law, we are not liable to you or anybody else, in any circumstances, for any type of loss or damage. Without limiting that generality, we are not liable for any claim in delict (including negligence), contract, breach of statutory duty, or otherwise, and we are not liable for loss of profits, sales, revenue, business opportunity, goodwill, reputation, teaching or other resources or anticipated savings.
We are not liable for loss or corruption of software, information or data. We are not liable for any indirect or consequential loss. We are not liable for loss caused by events beyond our reasonable control. Our total liability to you will not exceed the value of the subscription price under this contract.
This contract is between you and us, and no third party may enforce the terms of our contract. We will do our reasonable best to supply the Eduvate Subscription when required, and to support your use of them, but we cannot be liable for any loss or damage incurred as a result of failure of this service.
We will do our reasonable best to respond to calls, emails and (if we have the facility) live chat in order to provide the services, but we cannot guarantee to do so. We are limited by our resources. In the event that we do not manage, you are not entitled to recover any loss, outlays, damages, third party expenses or otherwise to make any financial claim against Eduvate or any representative of Eduvate.
We have no obligation to support, upgrade or update our service, however, in the interests of our commitment to improving service to customers, we will take all reasonable steps to do so, time and resources permitting. From time to time the packaging of the subscriptions may vary from that shown on the website. All subscriptions shown on our website are subject to availability.
Termination of subscription
This subscription will terminate on the agreed date between us, although we may terminate this contract immediately by written notice to you if you commit a material or persistent breach of these terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
Forthwith following termination, you must cease any use of the Eduvate Subscription, although you may continue to use any physical Eduvate Subscription which we have supplied to you in hard copy under this contract, such as hard copy documents directly provided by us, or hard copy media such as CDs or DVDs directly provided by us.
Otherwise, immediately upon termination you will no longer have any right to use Eduvate Subscription or any of Eduvate’s intellectual property. You will no longer have any right to support or other services previously provided under this contract.
Eduvate Website Terms
- We are Eduvate Ltd, but we operate under the name Eduvate. We are a charity registered in Scotland. Our company number is 08867341. Our main trading address is Enterprise House, 5 Roundwood Lane, Harpenden, Hertfordshire, AL5 3BW.
- We try to keep access available to our website, but we can’t guarantee access, and we can’t guarantee error-free content. We may need to withdraw access from time to time, for example to allow servicing or amendment. We are not liable for any non-availability of access, however caused.
- We are happy to discuss any information you may need, but any information on our website, or in any communications with you, is not intended to amount to representations or advice, and is used entirely at your own risk. It is your responsibility to obtain accurate information. We will not be liable for any misinformation, however caused.
- You may not create a link to our website without our written permission. You must not frame any part of our web site on any other website. You must not imply on your website that we endorse or sponsor your activities unless that is factually correct. We may withdraw any consents given at any time. Unauthorised use of our material may give rise to damages and/or amount to an offence.
- Our website may contain links to websites operated by third parties. We have no control over the contents or usage of any such websites. We are not liable for the content of such websites, and no endorsement of any such websites is implied.
- The copyright (and all other intellectual property rights) in this website, and all material posted on it (including amongst other things podcasts, presentations and video material, photographs, trade marks, text, trade names, logos, graphics, illustrations, designs, software and written material) belongs to us (except so far as expressly retained by third parties). These intellectual property rights remain our exclusive property, except where expressly stated otherwise, and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form by any person without our prior written consent.
- Where you have entered into a contract with us to download material from our site you may do so only to the extent permitted by the terms of our contract with you, and only for non-commercial purposes.
- You agree that you will not do anything or allow anything to be done to compromise the security of this web site. If you do not abide by these terms, we reserve the right to suspend your use of our site and other resources. We may also, in the event of abuse of fair use, disclose any relevant information to any third party for any legal purposes or to prevent future abuse.
- These terms are subject to the law of Scotland and the exclusive jurisdiction of the Scottish Courts. Any unenforceable terms are severable without effect on the remaining terms. These terms can be changed from time to time without notice.