Terms and conditions

** These terms and conditions should be read in conjunction with our privacy policy **

Introduction

Please take a few moments to read the terms and conditions carefully in regard to the use of Edplus (“the Service”) including all of our mobile applications (the “Applications”), e.g. Seal Saver, Planet Zorg and Match Shake, and websites (the “Sites”) including edbit.app. Edplus is a product owned by Edtopia Limited (“the Company”). By using this service and its services you will be bound by these Terms and Conditions and the Company’s Privacy Policy (“Privacy Policy”). If you do not agree to these Terms and Conditions and/or the Privacy Policy you must not use this service or any service provided via it.  Use of the Service is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms.

We strongly recommend you read these terms and conditions carefully before you start to use our Applications, as these will apply to your use of our Applications and constitute a legal agreement between you and us. If you are under the age of 18, make sure that your parent or legal guardian reads these terms and conditions on your behalf. We recommend that you print a copy of this for future reference.

When you register with Edplus, you must confirm your acceptance of these terms and conditions.

Your Use of Edplus

  1. These terms and conditions govern your use of Edplus and all related Applications and Sites.
  2. You must not use this service for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this service.
  3. You further agree that you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute Edtopia or the Service.
  4. You will cooperate fully with Edtopia to investigate any suspected unlawful, fraudulent or improper activity.
  5. You must not sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-licence, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Applications and Sites or any part or interest in it to other parties in any way
  6. If you feel that the behaviour of another user breaches these Terms and Conditions then please let Edtopia know by sending an email to toby@edplus.app with details of the potential breach and/or the user responsible. Edtopia will take reasonable steps to deal with any breach.

 

Your data

  1. When you use Edplus, we may collect data from you. Please make sure you read and understand our Privacy Policy [link] which describes the data we collect and what we do with it.

 

Termination

  1. These Terms and Conditions are effective until terminated
  2. You may terminate these Terms and Conditions at any time and for any reason by requesting cancellation of your account
  3. Edtopia may terminate these Terms and Conditions if you fail to abide by any of these Terms and Conditions or we reasonably suspect that you have failed to abide by any of these Terms and Conditions.
  4. Edtopia may take any action it deems reasonable in its sole discretion against users who do not comply with the Terms and Conditions.
  5. Following termination, you will no longer be permitted to use any of the Applications and you will be required to delete the Applications from your device.

 

Modifications

  1. For as long as the Company continues to offer the Service, it shall provide and seek to update, improve and expand the Service. Therefore, we reserve the right to change our Applications, the Sites, the Service or these terms and conditions from time to time.
  2. The Company may need to withdraw, modify, discontinue or suspend one or more aspects of the Service where the Company has a good reason to do so (including technical difficulties). However, the Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.
  3. If we modify these terms and conditions, we will post the modification on the Applications and Sites.
  4. By continuing to access or use our Service after we have posted a modification, you are indicating you agree to be bound by the modified terms and conditions.

 

Online Service

  1. Please note that the Applications rely on internet connectivity and the availability of our Service for much of its functionality.
  2. We will use our reasonable efforts to ensure that the Applications and the Service will be available for at least 3 months from the date upon which you last make a purchase in connection with any of the Applications.
  3. You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system requirements and memory in order to play and store the Applications.
  4. You must not attempt to gain unauthorised access to the Service or to the computers, devices, servers, or networks connected to the Service by any means other than the user interface in our Sites and Applications

 

Intellectual Property Rights and License

  1. The Applications comprise copyright works of Edtopia and/or its licensors.
  2. The Applications are licensed, not sold.
  3. Your license confers no title or ownership in the Applications.
  4. The Applications are solely for use by end users according to the terms of these Terms and Conditions.
  5. Any use, reproduction or redistribution of these Applications not in accordance with the terms of these Terms and Conditions is expressly prohibited.
  6. The Service contains a variety of content including, without limitation
    1. information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Service;
    2. trade marks, logos, trade names, service marks, and trade identities of Edtopia;
    3. other forms of intellectual property (all of the foregoing, collectively “Content”).

 

Linking to our Sites

  1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation 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 our part where none exists.
  3. You must not establish a link to our Sites in any website that is not owned by you.
  4. We reserve the right to withdraw linking permission without notice.
  5. If you wish to make any use of content on our Sites other than that set out above, please contact toby@edplus.app

 

Dealing with Third Parties

  1. The Company is not an agent of any third party or any party named or linked to this service (“Third Parties”) and does not have any authority to act for such Third Parties. The Company does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.
  2. You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this service.

 

Limitation of our liability

  1. Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
  2. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Sites or the Services, whether express or implied.
  3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    1. Use of, or inability to use, our Sites or Applications;
    2. Use of, or reliance on, any content displayed on our Sites or Applications.
  4. In particular, we will not be liable for:
    1. Loss of profits, sales, business or revenue;
    2. Business interruption;
    3. Loss of anticipated savings;
    4. Loss of business opportunity, goodwill or reputation;
    5. Any indirect or consequential loss or damage.
  5. You agree not to use our Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  6. Although we have no reason to believe that any information contained in this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information except where warranties are made non-excludable by applicable legislation.

 

Viruses

  1. We do not guarantee that our Service, Sites and Applications will be secure or free from bugs or viruses.
  2. You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software.
  3. You must not misuse our Service, Sites and Applications by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
  4. You must not attempt to gain unauthorised access to our Service, the server on which our Sites and Applications are stored or any server, computer or database connected to our Sites.
  5. You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack.
  6. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
  7. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
  8. In the event of such a breach, your right to use our Sites will cease immediately.

 

No Waiver

  1. If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

Severance

  1. If any provision of these terms and conditions is found by a court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these terms and conditions which shall remain in full force and effect.

 

Indemnification

  1. You agree to defend, indemnify and hold Edtopia and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including solicitor’s fees that arise from
    1. your use of, or activities in connection with the Service, Sites and Applications, or those of any child authorised by you;
    2. any violation of these terms and conditions by you or any child authorised by you;
    3. any allegation that any content that you or any child authorised by you make available via the Service, Sites and Applications infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
  2. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

 

Applicable law and Jurisdiction

  1. These terms and conditions, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
  2. These Terms and Conditions set out the Company’s entire agreement and understanding with respect to the subject matter of these Terms and Conditions and supersedes all representations, communications and prior agreements (written or oral).
  3. Each party acknowledges that on entering into these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions.
  4. Unless expressly provided in the Terms and Conditions no term of them is enforceable by any person who is not a party to it.

 

Consumer Rights

  1. These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law.
  2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

 

Information about us

Edtopia Limited is registered in England and Wales under company number 10018990. Our registered office is Westhall Barn, Westhall Hill, Fulbrook, OX18 4BJ, United Kingdom.

 

Contact Details

Our main trading address is located at 9 Park End Street, Oxford, Oxfordshire, OX1 1HH.

To contact us, please write to the above address or email support@edplus.app