We strongly recommend that 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 as their consent is necessary in order for you to use Edplus. You must be aged 13 or over in order to download and operate the Service. We recommend that you print a copy of this for future reference.
When you first use the Service, you must confirm your acceptance of these Terms and Conditions.
Your Use of Edplus
- These Terms and Conditions govern your use of the Service, that is Edplus and all related Applications and Sites.
- 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.
- You further agree that in relation to this Service 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 the Company or the Service.
- You will cooperate fully with the Company to investigate any suspected unlawful, fraudulent or improper activity.
- 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 or with other parties in any way.
- If you feel that the behaviour of another user breaches these Terms and Conditions then please let the Company know by sending an email to firstname.lastname@example.org with details of the potential breach and/or the user responsible. The Company will take reasonable steps to deal with any breach.
- These Terms and Conditions are effective until terminated.
- You may terminate these Terms and Conditions at any time and for any reason by requesting cancellation of your account.
- The Company 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.
- Edtopia may take any action it deems reasonable in its sole discretion against users who do not comply with the Terms and Conditions.
- 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.
- 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.
- 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.
- If we modify these Terms and Conditions, we will post the modification on the Applications and Sites.
- 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.
- Please note that the Applications rely on internet connectivity and the availability of our Service for much of their functionality.
- We will use our reasonable endeavours 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.
- 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.
- 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 Licence
- The Applications comprise copyrighted works of Edtopia and/or its licensors.
- The Applications are licensed, not sold.
- Your licence confers no title or ownership in the Applications.
- The Applications are solely for use by end users according to the terms of these Terms and Conditions.
- Any use, reproduction or redistribution of these Applications not in accordance with the terms of these Terms and Conditions is expressly prohibited.
- The Service contains a variety of content including, without limitation:
26.1. 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;
26.2. trade marks, logos, trade names, service marks, and trade identities of Edtopia;
26.3. other forms of intellectual property (all of the foregoing, collectively “Content”).
Linking to our Sites
- 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.
- 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.
- You must not establish a link to our Sites on any website that is not owned by you.
- We reserve the right to withdraw linking permission without notice.
- If you wish to make any use of Content on our Sites other than that set out above, please contact email@example.com.
Dealing with Third Parties
- 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 available from such Third Parties.
- You agree that (to the maximum extent permitted by law) the Company (and its officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with, without limitation, a Third Party and/or any other users of this service.
Limitation of our liability
- 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.
- 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:
36.1. Use of, or inability to use, our Sites or Applications;
36.2. Use of, or reliance on, any content displayed on our Sites or Applications.
- In particular, we will not be liable for:
37.1. loss of profits, sales, business or revenue;
37.2. business interruption;
37.3. loss of anticipated savings;
37.4. loss of business opportunity, goodwill or reputation;
37.5. any indirect or consequential loss or damage.
- You agree not to use our Sites for any commercial or business purposes unless agreed in writing by the Company.
- Although we have no reason to believe that any information contained in the Applications or the Sites is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information except where warranties are made non-excludable by applicable legislation.
- We do not guarantee that our Service, Sites and Applications will be secure or free from bugs or viruses.
- 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.
- 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.
- 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.
- You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack.
- By breaching provisions 42 to 44 inclusive, you would commit a criminal offence under the Computer Misuse Act 1990.
- 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.
- In the event of such a breach, your right to use our Sites will cease immediately.
- 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 in relation to you, or if we delay in doing so, that will not mean that we have waived our rights in relation to 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.
- 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.
- You agree to defend, indemnify and hold the Company and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including legal or solicitor’s fees that arise from
50.1. your use of, or activities in connection with the Service, Sites and Applications, or those of any child authorised by you;
50.2. any violation of these Terms and Conditions by you or any child authorised by you;
50.3. 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.
- 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.
- The Application includes in-app purchases that allow you to buy individual extra topics or to subscribe to the Service (“In-App Purchases”). These are optional extras. It is not necessary to make any In-App Purchases in order to use the Service and the core free topics of the Application.
- While you cannot prevent In-App Purchases from being offered within the Application, you can switch off or manage your ability to complete In-App Purchases by changing the settings of the device on which you use the Application. You acknowledge and agree that you are fully responsible for managing your In-App Purchases.
- If you are under 18 then you must have your parents’ or guardians’ permission to make any In-App Purchases. By completing the In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.
- You can find more information about how to switch off and/or manage the In-App Purchases of your device
55.1. in the terms and conditions/end-user licence agreement (“EULA”) of Google Play, Apple App Store or Amazon Appstore (each an “App Store Provider”), as appropriate;
55.2. in your device’s help settings or
- If you are a parent or guardian of someone under the age of 18 we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make unauthorized In-App Purchases.
- If you make any In-App Purchases, that In-App Purchase cannot be cancelled after you have initiated its download. If you make any In-App Purchases in the Application, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.
- You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the Application and are governed by the App Store Provider’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases, including subscriptions, then you need to contact the App Store Provider directly.
- Payment will be charged to your Apple ID or Google Play account at the confirmation of subscription purchase.
- All subscriptions are auto-renewable and will renew unless cancelled more than 24-hours before the end of the current period.
- Your Apple ID or Google Play account will be charged within 24 hours before the end of the current period.
- You can manage and cancel your subscription anytime through your Apple ID or Google Play account settings.
- Any unused portion of a free trial will be forfeited if you purchase a subscription.
- Edplus and/or its designees may also reach out to you through email, apps, social media, or other means to request the use of User Content you have created or published elsewhere and/or not submitted directly to Edplus.
- By submitting your User Content to us, including via our Apps and Sites, or by otherwise allowing Edplus to use your User Content, you are agreeing to the following:
66.1. You grant to Edplus and its designees a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual, unrestricted, sublicensable right to use, market and promote your User Content in any manner or media now known or later developed, for any purpose, including without limitation the rights to reproduce, display, publish, perform, translate, transmit, broadcast, modify, adapt, alter, distribute, present, commercialize, create derivative works from your User Content, and exercise all intellectual property and other rights with respect to your User Content, without any compensation or notice to you or any approval from you, with or without your name (whether your legal name or your user name on the applicable platform), including, without limitation, in advertising and promotion of Edplus and its products and/or services.
66.2. Without limiting the foregoing, you represent that you have all consents and licences necessary to use and to authorize Edplus and our designees to use your User Content in the manner permitted in the Terms and Conditions. You agree that your User Content is not confidential.
- You further represent and warrant to Edplus that:
67.1. your User Content is your own original work and that you have the right to grant the rights and permissions set forth in the Terms and Conditions;
67.2. you have obtained all necessary licenses and permissions from all applicable third parties required for the submission of the User Content and use as permitted in the Terms and Conditions;
67.3. you will comply with all disclosure requirements and guidelines mandated by law or by an official regulator relating to your User Content;
67.4. the posting and/or display and/or other permitted use of your User Content by Edplus or those deriving rights through Edplus will not violate any provision of any applicable law or regulation, or in any way infringe or violate rights of any third parties, including but not limited to copyright and other intellectual property, privacy or publicity rights;
67.5. you waive any and all moral rights that exist in your User Content and any derivative works made therefrom.
- You agree that your User Content created, submitted or otherwise made available by you to Edplus or for Edplus will not:
68.1. be abusive, threatening or harassing towards others;
68.2. include any infringing, obscene, defamatory, slanderous, libelous, offensive, or illegal content (including without limitation content which violates another person’s right of privacy);
68.3. include commercial or political solicitations or messages;
68.4. include any content designed to injure people or property (including without limitation viruses);
68.5. impersonate others or be misleading as to your identity, the source of your User Content;
68.6. suggest that you or your User Content is sponsored or endorsed by Edplus (unless we state in writing that it is);
68.7. otherwise violate the Terms and Conditions.
Applicable law and Jurisdiction
- These Terms and Conditions, their subject matter and formation, are governed by English law. You and we both agree to that the courts of England will have exclusive jurisdiction.
- 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).
- 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.
- Unless expressly provided in the Terms and Conditions, no term of them is enforceable by any person who is not a party to it.
- These Terms and Conditions shall not limit any rights you might have as a consumer that may not be excluded by law.
- 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, trading as Edplus, is registered in England and Wales under company number 10018990. Our registered office is Westhall Barn, Westhall Hill, Fulbrook, OX18 4BJ, United Kingdom.
The Company’s 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 firstname.lastname@example.org
Last Updated 21 December, 2019