Terms and Conditions

INTRODUCTION

Please read these Terms and Conditions carefully before ordering any Subscription from the website as your order indicates that you agree to be bound by these Terms and Conditions.

You are reminded that you have ticked the box marked "I Accept" on the order page by way of confirmation that you agree to the Terms and Conditions. By doing so, you also warrant that you are at least 18 years old.

Your order represents an offer to EducationalAppStore Ltd to purchase a licence to access, use and download from App Library. After placing your order, you will receive an email from us confirming acceptance of your order. At this point you have successfully subscribed to App Library (the "Confirmation"). Only at this point has a binding contract been formed between you and us (the "Contract").

References to "you" and "your" are references to the teacher or other individual subscribing to App Library.

ACCEPTANCE OF TERMS

EducationalAppStore Ltd provides a service to users under the following Terms of Service ("TOS"), which may be updated without notice. You can review the most current version of the TOS at any time at: http://www.educationalappstore.com/keystage/terms

DESCRIPTION OF SERVICE

EducationalAppStore Ltd provides users with access to apps as its primary service. The service covered by the terms and conditions refer to the supply of the App Library service. This service may include advertisements, as well as communications from EducationalAppStore Ltd; including service announcements and administrative messages.

YOUR REGISTRATION OBLIGATIONS

As a registered user of EducationalAppStore Ltd service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the service's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or EducationalAppStore Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EducationalAppStore Ltd has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).

EducationalAppStore Ltd Privacy Policy - http://www.educationalappstore.com/site/privacy

INFORMATION WE COLLECT AND WHAT WE USE IT FOR

We collect personally identifiable information when you subscribe/register for the store. Our subscription/registration process involves providing us with personal information through a Log In page. This includes (but is not limited to) personal data such as your name, address, e-mail address, date of birth, mobile telephone number and personal preferences ("Information"). We may collect information as part of our payment arrangements and we may from time to time use third party service providers to facilitate our payment process. The privacy policies of such third parties should be read to understand how they will use your personal information. In addition, if you make a general enquiry, report a problem, post material to the Store, we may collect and use any personal information that you provide us with.

Where you sign up or register for the store or any similar functionality that we may provide from time to time, your name will be added to a directory which will be available to other users of our services.

Where you register for our store, we will use the information provided by you to improve our service to you.

We may use your personal information to contact you for your views on the EducationalAppStore Ltd and to notify you occasionally about important changes or developments to the Store or our services. Where you have consented we may also send emails about other services and information which we think you may find interesting using the email address which you have provided.

We also receive and record information by tracking user traffic patterns throughout our Store to maintain a record of the movements of visitors to our Store. We use this information in order to customise the communications and content you see on our pages, and to better understand usage. This information is stored in log files and is used for aggregated and statistical reporting but is not attributed to you as an individual.

By submitting your Information and subscribing to the services available on our Store, you consent to such use and transfer.

INFORMATION WE SHARE

There are times when we need to share your Information with other parties. However, your Information is an important part of our business and it is not our business to sell or rent this Information to others. We will send personally identifiable information about users to other companies or people, however, in the following situations:

  • 2.1 Agents or sub-contractors: We may employ other companies and individuals to perform functions in certain situations on our behalf. Examples of these functions include e-mail, handling financial transactions and professional services. These agents and sub-contractors have access to the Information required in order to perform their functions but may not use it for any other purpose.
  • 2.2 Change Control: We may disclose your Information to any new business partners or owners in the event of a joint venture or if our business is sold or merged with another business entity. In that event, we shall endeavour to ensure that your rights and freedoms in respect of the processing of your Information are adequately and appropriately protected.
  • 2.3 Third Parties: We may pass aggregate information on the usage of our Store to third parties but this will not include information that can be used to identify you. Where you have consented we may also allow carefully selected third parties to contact you occasionally about products and services that may be of interest to you. If you change your mind about being contacted by these companies in future please let us know.
  • 2.4 Compliance with law: We will release personal information on our entrants where we are required to by law. We may also exchange other information with other companies and organisations for fraud protection and credit risk reduction.
  • By submitting your Information to us, you agree that it may be transferred outside the European Economic Area. Countries outside the European Economic Area do not always have strong data protection laws. We will, however, always take reasonable steps to ensure that your Information is used by third parties in accordance with this policy.

    PERTAINING TO CREDIT CARD DATA

    We respect your privacy. We never sell, share, or distribute payment information or other data to third parties. Stripe.com receives payments through EducationalAppStore Ltd.

    IP ADDRESSES AND COOKIES

    We may collect information about your computer or device, including where available your IP address, operating system and browser type, for system administration. This is statistical data about out users' browsing actions and patterns and does not identify any individual.

    For the same reason, we may obtain information about your general internet usage by using a cookie file. A cookie is a small data file that certain web sites write to your hard drive when you visit them. The only personal information a cookie can contain is information a user supplies him or herself. A cookie can't read data off your hard disk or read cookie files created by other sites. Cookies, however, enhance our Store's performance in a number of ways including providing a secure way for us to verify your identity during your visit to our Store and personalising your experience on our Store, making it more convenient for you. We therefore use cookie technology to track or record information about visitors to our Store. We may monitor customer traffic patterns, Store usage and related Store information in order to optimise your use of the Store and we may give aggregated statistics to a reputable third-party (eg. Google Analytics), but these statistics will include no information personally identifying you. Your privacy and security are not compromised when you accept a cookie from our Store. You can refuse cookies by turning them off on your web browser and you do not need to have cookies turned on to successfully use our service, however you may not be able to access the full functions of our Site.

    PERTAINING TO INFORMATION SECURITY

    We take all necessary security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of our data. Employees who need to access account information in order to operate, develop or improve our services, or assist customers are only provided restricted access to any personal information.

    MEMBER ACCOUNT, PASSWORD AND SECURITY

    Each user is responsible for maintaining account password confidentiality and assumes full responsibility for all activities relative to the password and/or account. Each user agrees to (a) immediately notify EducationalAppStore Ltd of any unauthorized use of a password and/or account or any other account security breach, and (b) ensures that the account will be appropriately logged out of at the end of each session. EducationalAppStore Ltd cannot and will not be liable for any loss or damage arising from any failure to comply with these terms.

    NO RESALE OF SERVICE

    EducationalAppStore Ltd users agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the service, use of the service, or access to the service; with the exception of special, predetermined circumstances.

    MODIFICATIONS TO SERVICE

    EducationalAppStore Ltd reserves the right to, at any time and from time to time, modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. EducationalAppStore Ltd users agree that EducationalAppStore Ltd shall not be liable, to you or to any third party, for any modification, suspension or discontinuance of the service.

    TERMINATION

    EducationalAppStore Ltd users agree that EducationalAppStore Ltd may, under certain circumstances and without prior notice, immediately terminate your account and access to the service.

    LINKS

    The service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EducationalAppStore Ltd has no control over such sites or resources, users acknowledge and agree that EducationalAppStore Ltd is not responsible for the availability of such external sites or resources, and is not responsible, nor liable for any content, advertising, or other materials on or available from such sites or resources. Users further acknowledge and agree that EducationalAppStore Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or related in any way to use of or reliance on any such content, goods or services available on or through any such site or resource.

    PROPRIETARY RIGHTS

    EducationalAppStore Ltd users acknowledge and agree that the service and any necessary software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Users further acknowledge and agree that content contained in sponsor advertisements or information presented through the service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EducationalAppStore Ltd or advertisers, users agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.

    Users agree not to access the EducationalAppStore Ltd service by any means other than through the interface that is provided via EducationalAppStore Ltd for access to the service. Any automatic queries are restricted.

    Any feedback, comments, or suggestions you may provide regarding EducationalAppStore Ltd, or the service is entirely voluntary and will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

    GENERAL INFORMATION

    Entire Agreement: The TOS constitutes the entire agreement between you, the user, and EducationalAppStore Ltd, which governs your use of the service, superseding any prior agreements between you and EducationalAppStore Ltd with respect to the service. You also may be subject to additional terms and conditions which may apply when using other EducationalAppStore Ltd services.

    Waiver and Severability of Terms: The failure of EducationalAppStore Ltd to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

    Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within three (3) months after such claim or cause of action or be forever barred.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.

    CUSTOMER RIGHTS

    IS IT LEGAL TO HAVE A NO REFUND/NO CANCELLATION POLICY?

    Users of the service provided by EducationalAppStore Ltd may cancel their subscription at any time within seven working days, beginning on the day after they have activated their account. In this case, you will receive a full refund or partial refund of any price you have paid to us. To cancel your subscription please log in to the App Library service and use the cancel my account link in your My Account page. Alternatively you can email schoolsteam@educationalappstore.com providing your username and the date you subscribed to the service.

    APP LIBRARY

    The App Library service offered by EducationalAppStore Ltd allows you to access mobile applications, use and download materials from our online service. App Library includes (but is not limited to), general information about mobile applications lesson plans, learning activities, curriculum relevance information and any other resources and materials which form the content of the service, from time to time (the "Resources"). The Resources are designed to be supportive to teaching and lesson planning.

    Your subscription to App Library will last for the period included in the package you subscribed to.

    ACCOUNTS

    Before you may begin to use App Library you must open an online account using the following link. You will be able to access any resources by logging into your App Library through your internet browser either on a desktop PC or mobile device.

    DISCLAIMER

    The apps recommended in our App Library are third party applications and will have to be downloaded from their source site. We provide a value added service to support users to make informed choices when it comes to what apps to buy and to use in the classroom.

    DURATION AND TERMINATION

    On subscribing to App Library, if you opt for a free trial, your free trial shall commence on the date we send the confirmation and shall continue for a period of 30 days (the "Free Trial").

    If you opt for a free trial, we will send you 2 emails (one day before and on the day of the termination of the Free Trial) to remind you that unless you register or upgrade to our paid subscription (i.e. before the end of the Free Trial), your account will be automatically cancelled.

    To cancel your subscription please log in to the App Library service and use the cancel my account link in your My Account page. Alternatively you can email schoolsteam@educationalappstore.com providing your username and the date you subscribed to the service.

    The Contract shall commence on the date we send the confirmation to you and shall continue in full force and effect, subject to the paragraph above, for the Free Trial (if you opt for a free trial) and an initial period of one year subscription.

    We will send you an email 28 days prior to the expiry of the Initial Term reminding you that your subscription is due to expire and informing your options for renewal or of any increase in the price.

    ON EXPIRY OF THE INITIAL TERM THE CONTRACT WILL NOT RENEW AUTOMATICALLY.

    Either party may terminate the contract on expiry of the initial Term or Renewal Term (as appropriate) by giving the other party written notice of termination, at any time prior to expiry of the Initial term or the then current renewal term. To terminate your contract please email emailus@educationalappstore.com.

    The Free Trial and the Initial Term shall together mean (the "Term").

    LIMITED RIGHTS TO USE EDUCATIONALAPPSTORE LTD'S CONTENT IN THE APP LIBRARY

    The Resources belong to EducationalAppStore Ltd or its licensors and are subject to copyright, trade mark and/or other intellectual property rights owned by or licensed to EducationalAppStore Ltd.

    For the Term, EducationalAppStore Ltd grants you a personal, non-transferable, non-exclusive, non-shareable right and licence to access the website through your account, to print copies of the Resources, store the files in electronic form and store the files on a closed network (including the closed network of the institution for educational which employs you) and non-commercial purposes only. In using the Resources, you must ensure that you retain on all downloaded materials all copyright and other proprietary notices contained on the Resources when accessed by you for the first time.

    On termination of the Contract you will: i) cease to have access to the Resources through the website, (ii) cease to use and Resources in your possession and (iii) destroy all printed and electronic copies of the Resources.

    The Resources are provided to you on an "as is" basis. Whilst EducationalAppStore Ltd has used its reasonable endeavours to ensure that all resources are factually correct at the time that the resource is made available to you, EducationalAppStore Ltd does not warrant the accuracy, completeness or usefulness of any resource. Should you become aware of any inaccuracy or error in the resources purchased by you, please notify EducationalAppStore Ltd and it shall endeavour to resolve the inaccuracy or error as soon as is reasonably practicable. EducationalAppStore Ltd will use its reasonable endeavours to ensure that you may access the App Library at any time during the term but provides no warranty to this regard.

    The resources may not be copied, broadcast, displayed, modified, shared or distributed or otherwise exploited for any purposes other than for personal use or lesson planning and delivery by you without EducationalAppStore Ltd written permission.

    PRICE AND PAYMENT

    The price to subscribe to App Library for the Initial Term will be quoted on the EducationalAppStore Ltd website (the "Price").

    You shall pay us the price in advance on commencement of the initial term. Payment can be made by credit or debit card. EducationalAppStore Ltd will deduct the appropriate amount from your credit or debit card on the day you subscribe to the App Library service.

    If EducationalAppStore Ltd has not received payment within 5 days after the due date, and without prejudice to any other rights and remedies of EducationalAppStore Ltd, EducationalAppStore Ltd may, without liability to you, temporarily or permanently disable your access to the App Library and EducationalAppStore Ltd shall be under no obligation to provide any or all of the App Library services while any payments remain unpaid. If payments are not made within 30 days of the due date for payment, EducationalAppStore Ltd is entitled to terminate the agreement forthwith.

    Prices are liable to change. We may change the price at any time but we will notify all users.

    If the website contains incorrect information or the cost of subscribing is listed at an incorrect price due to typographical errors or an error in pricing information, EducationalAppStore Ltd shall not be under any obligation to provide the subscription to you at the incorrect price, even after we have accepted your order, if the pricing error was obvious to a reasonable person. If payment has already been taken for the purchase and your order is cancelled, EducationalAppStore Ltd shall issue a credit or refund in the amount of the incorrect price. Alternatively EducationalAppStore Ltd will give you the option of reconfirming your order at the correct price.

    Prices are inclusive of VAT and we shall charge VAT at the applicable rate on the date of the confirmation.