1. THE CONTRACT BETWEEN US
1.1 We own, operate and maintain this website. We are Cornwall Learning (the ‘Organisation’ or ‘we’ or ‘us’). Our business address is Unit 6, West Wing, Carew House, Beacon Technology Park, Dunmere Road, Bodmin, Cornwall, PL31 2QN.
1.2 To contact us, please see our ‘Contact’ link on the Home Page of this website.
1.4 When registering and/or purchasing from our website, you will need to click the box marked ‘Tick this box if you have read and agreed to our ‘Terms and Conditions’ to confirm that you have read, accept and agree to be bound by these Terms and Conditions, on behalf of your school (‘School’).
These Terms and Conditions shall govern the contract between us and your School. If you, on behalf of your School, do not agree with any of the Terms and Conditions, you should not continue with your registration and/or purchase.
1.5 It is not necessary to register with us in order to use most parts of this website.
1.6 We may amend or change the contents of this website, including these Terms and Conditions at any time without notice, by posting such changes on the website. It is your responsibility to check the conditions regularly to ensure that you are aware of any changes. Your continued use of this website following the posting of any such changes will constitute your acceptance of the revised conditions.
1.7 You should print a copy of these Terms and Conditions for future reference. If you do not accept these conditions, you may not use this website and may not access any of the services or Products offered by this website.
2.1 These Terms and Conditions govern your School’s use of the information and resource materials provided by us (“Products”) and any membership services ordered by you on behalf of your School through this website (“Services”).
2.2 You confirm that you have authority to bind the School on whose behalf you use our site to register for our Services and to purchase Products/Resources.
2.3 Where we refer to you in these Terms and Conditions, this means you acting on behalf of your School. If you do not have authority to bind your School you should not proceed with any registration or purchase. If you proceed we shall assume you have authority to bind your School to these Terms and Conditions.
3. RIGHTS OF USE
3.1 For all Members, your use and your School’s use of the Services and the Products is strictly limited to the following conditions. It is your responsibility to ensure that those persons in your School using the website, the Services and the Products are aware of and comply with the following conditions:
3.1.1 you agree that you will only use the Services and the Products for the legitimate purposes of your School and not in your capacity as an individual consumer;
3.1.2 you may not and may not allow others to sell, transfer, sub-license, distribute or create works derived from the content of this website, the Services, the Products or any part of them;
3.1.3 unauthorised copying, duplication, hiring or sale of any of the Products is strictly prohibited and screening of any video outside of the School is also prohibited;
3.1.4 Products may be downloaded onto one or more PCs in your School for use by multiple users;
3.1.5 photocopying of the Products is permitted by the School for circulation to students or teachers within the School only; and
3.1.6 all users of the Products must be students, their parents or teachers within the School.
3.2 You are responsible for all use made of the Services and the Products. We will not be responsible for any infringement of third party rights which arise as a result of your use of these materials.
3.3 The rights granted in these terms and conditions apply from the point of delivery/download of Products/Services. On cancellation or expiry of your Licence to download the Products, we will terminate the user account and you and your School will no longer have access to the Products or the Services. You may be required to confirm in writing that you are no longer using any Products that have previously been downloaded.
3.4 We and our third party providers and licensors retain all rights, title and interest in and to the Products, the Services, this website and any other materials provided to you by us.
All copyright and other intellectual property rights will remain our property (and/or that of our licensors) and will remain vested with us (and/or our licensors).
4. ORDERS AND DELIVERIES
4.1 Where you register to subscribe to the Services and/or place an order to purchase certain Products on behalf of your school, we recommend that you check your registration and/or purchase details carefully to correct any errors.
4.2 After you place an order, if we accept your order we will send you an email to acknowledge acceptance of your order. At this point a legally binding contract between us will come into existence which will be based upon and be subject to these conditions.
4.3 All Products and Services which you order, or which are included as part of your Subscription, will be made available to your account (some of which will be in a format for you to download).
4.4 It is your responsibility to ensure that School procedures are adhered to when you register to become a Subscriber and/or place an order to purchase certain Products/Services via this website.
5. PRICE AND PAYMENT
5.1 The price for the Products/Services will be as quoted on our website at the date we receive your order for Products/Services.
5.2 We will endeavour to make sure that all prices advertised on the website are correct.
However, from time to time errors may occur. If we discover that the Products/Services you have ordered or the Subscription Fees were listed at an incorrect price, we will inform you of the correct price as soon as possible. We will give you the option to cancel your order or to proceed with your order at the correct prices; if you choose to cancel your order we will refund any payments you have made for that order.
5.3 Prices are subject to change at any time (at the Organisation’s sole discretion). We will post prices on the website.
5.4 Prices exclude VAT and any other applicable taxes which will be charged at the current rate at the time of order.
5.5 All Fees and payment for any Products/Services ordered from this website will be invoiced directly to your School.
5.6 For the avoidance of doubt, regardless of your method of payment, you confirm that all orders placed by you are done so on behalf of the School or your business or organisation and not by you as an individual.
6. CANCELLATION BY US
6.1We reserve the right to cancel any order from you where the Products/Services ordered by you are no longer available. If this happens we will refund any payments your School has made in relation to that order.
6.2We reserve the right to cancel any order from you, cancel any Subscription and/or cancel your entitlement to use the Services if for any reason:
6.2.1 we are unable to take the necessary payment by the date due; or 6.2.2 we reasonably believe you are using the Services in bad faith or mis-using the Services in any way;
6.2.3 we reasonably believe that your School is in breach of any part of these terms and conditions.
6.3 In which case, all rights granted to your School in these Terms and Conditions will be terminated. A cancellation fee may also be payable by your School.
7. DISCLAIMERS AND LIABILITY
7.1 All Products provided by the Company will be free from material defects and be of a satisfactory quality.
7.2 The Services and Products are not designed to meet your School’s individual requirements and you are fully responsible for determining, on behalf of your School, that the Products (and any other materials you access via the Services) are: (a) sufficient and appropriate for your specific purposes; and (b) are compatible with your computer hardware and devices.
7.3 We are not liable for any defect or failure arising from your use of the Services or Products, incompatibility of your equipment, your failure to follow instructions to access the Services, or any misuse or alteration of the Products whatsoever.
7.4 We do not warrant that the website and the Services will be uninterrupted, secure or error free or that this website and the Services will be free of viruses or other harmful components.
7.5 Other than as expressly set out in these Terms and Conditions we give no representations or warranties, either expressly or by implication. This includes (without limit) any warranties in respect of accuracy, completeness, currentness, timeliness, merchantability or fitness for a particular purpose. No warranty is given that your School’s use of the Products and/or the Services will not infringe the rights of a third party.
7.6 We do not accept any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of materials or data, waste of management or office time or for any indirect or consequential loss or damage of any kind, however such losses arise and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.7 We shall have no liability to pay any money by way of compensation other than to refund the amount paid by your School for the Products or for the Subscription Fee. Our maximum aggregate liability shall be limited to the sum of the Subscription Fees (where appropriate) paid by your School.
7.8 Notwithstanding any other provision in this paragraph 8, we do not exclude or limit our liability
7.8.1 death or personal injury caused by our negligence;
7.8.2 fraud or fraudulent misrepresentation; or
7.8.3 any matter for which it would be illegal to exclude, or attempt to exclude, liability.
8. HOW WE USE YOUR PERSONAL INFORMATION
9. WRITTEN COMMUNICATIONS
9.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect any statutory rights.
10.1 All notices given by you to us must be sent to Cornwall Learning, Unit 6, West Wing, Carew House, Beacon Technology Park, Dunmere Road, Bodmin, Cornwall, PL31 2QN. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 10. Notice will be deemed to have been received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. To prove service of any notice, it will be sufficient to show, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent from our server to the specified, supplied email address of the addressee.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
11.1 The contract is between your School and us and is binding on any respective successors and assigns, and you confirm that you have the necessary authority to bind your School to this contract.
11.2 You may not transfer, assign, charge or otherwise dispose of any rights or obligations which arise under these terms and conditions.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We shall have no liability to you if we cannot provide the Services or deliver the Products you have ordered; or for any delay in doing so; or for any defect to any Products or any Services that is caused by any event or circumstance which is beyond our reasonable control such as, without limit, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.
13. 1If we fail, at any time to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce any of the our rights against you, or we delay in doing so that will not mean we have waived our rights against you and will not mean you do not have to comply with those obligations.
14.1 Each paragraph of these terms and conditions operates separately. If any court or relevant authority decides that any term is unlawful or unenforceable, the remaining paragraphs remain in full force and effect.
15. ENTIRE AGREEMENT
Nothing said by any sales person on our behalf should be understood as a variation of these conditions or as an authorised representation about the nature or quality of any Products offered for sale by us. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.
16. LAW AND JURISDICTION
16.1 The contract between us and the School, and any matter arising from or in connection with these terms and conditions, shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
16.2 This website is intended exclusively for residents of the United Kingdom. We make no representations that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, to the extent local laws are applicable.