SPELLZONE SUBSCRIPTION TERMS AND CONDITIONS
This document outlines the Subscription Terms and Conditions for Spellzone. Effective from 15 July 2013.
ATTENTION: These terms and conditions apply to the entire contents of this website under the domain name www.spellzone.com and other Spellzone domains ("Website") and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether you purchase any software from us. If you do not accept these terms, do not use this Website. This notice is issued by Spellzone Limited.
In these terms and conditions the following words have the following meanings:
1.1. Where you are an end user, nothing in these terms and conditions shall detract from your statutory rights.
1.2 These terms and conditions are the only conditions under which we are willing to provide the Service to you. These conditions can only be modified as set out in these conditions.
1.3. We reserve the right to vary or amend these terms and conditions at any time.
1.4. These terms and conditions (including any documents referred to within them) contain all the terms on which we provide the Service to you. They supersede any prior promises, representations (except fraudulent misrepresentations), undertakings or implications made.
1.5. These terms and conditions do not create any right enforceable by a person not a party to them.
2.1.Spellzone grants you a limited licence to access and make use of the Website. As a condition of such licence, with the exception of circumstances in 10.2 below, you agree
(a) not to download or modify any part of the Website, except with the express and prior written consent of Spellzone;
(b) not to download or copy any account information for the benefit of another merchant;
(c) not to collect or make any use of any product listings, descriptions, or prices;
(d) not to resell or make any commercial use of this Website or its contents;
(e) not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Website for any commercial purpose without express written consent of Spellzone;
(f) not to make any derivative use of this Website or its contents;
(g) not to frame or utilise framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Spellzone without express written consent from Spellzone;
(h) not to use any meta tags or any other "hidden text" utilising the Spellzone name or trademarks without the express written consent of Spellzone; and
(i) not reproduce or store any part of this Website in any other website or include any part of this Website in any public or private electronic retrieval system or service without prior written permission from Spellzone.
2.2. The copyright and other intellectual property rights in all material on this Website (including without limitation text, photographs and graphics) are owned by Spellzone or its licensors. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates.2.3. All trademarks of Spellzone indicated on the Website are registered trademarks of Spellzone in the United Kingdom and other countries.
2.4. Any rights not expressly granted in these terms are reserved.
3.1. Access to the Service (except for those parts that we make freely available) is only provided on condition that a Fee has been paid.
3.2. Payments can be made by any major credit or debit card. These are handled through WorldPay or Paypal, both are safe and secure payment systems. As soon as WorldPay or PayPal have accepted your card payment, (usually less than one minute) you will see a screen saying that you can now use the full Spellzone course for one year. You will also receive an e-mail confirming your payment.
3.3. Site users (schools, colleges and other organisations)
3.3.1. Payments by invoice are only accepted for schools, colleges and other organisations.
3.3.2. Unless otherwise agreed in writing by Spellzone, a Fee is payable by you for each Site where the Service
3.3.3. The simplest and quickest way is to subscribe through WorldPay using a credit or debit card. However, you may also pay by invoice by selecting the 'Payment by invoice' option on the 'Join us' page. After giving your details you will be emailed an invoice giving details of how to pay.
3.3.4. Payments by invoice should be settled within 30 days from the date of the invoice date. If the invoice is not settled within this time we reserve the right to cancel access to the account.
3.3.5. You are duly authorised to provide the Site usernames and passwords to teachers and students who are wholly connected to the Site for which a Fee has been made. This Fee will also enable teachers and students, who are wholly connected to the Site, to use the username and password at any other location if it is in connection with work set by the Site.
3.4. Single users
3.4.1. A Fee is payable by you for single user access to the Service. This Fee will also enable you to use the username and password at home and in any other location.
3.4.2. Single user accounts should not be used with more than one user. If we detect this is occurring we reserve the right to cancel access to the account.
3.5. Family and home school users
3.5.1. A Fee is payable for family and home school access to the Service (effective from 1st September 2013). This entitles access for up to a total of five users (including one administrator) per account. These Fees will also enable users to use their username and password at home and in any other location.
3.6.1. The Fees are exclusive of VAT which will be payable by you (effective from 1st October 2013), if applicable and at the prevailing rate of VAT, in addition to the Fees as follows.
3.6.2. For the UK, the Fees will be payable plus VAT at the prevailing rate.
3.6.3. For countries in the EU:
3.6.4. If a valid sales tax number is provided (Validation can be verified at ec.europa.eu/taxation_customs/vies) the Fees will be exclusive of VAT.
3.6.5. If no or an invalid sales tax number is provided the Fees will be payable plus VAT at the prevailing rate.
3.6.6. For all other countries the Fees will be exclusive of VAT
4.1. You are entitled to cancel your agreement with us at any time during the period of fourteen (14) days from when we notify you that your subscription commences.
4.2. If you are entitled to cancel your subscription with us as set out in clause 7.1 and you wish to exercise that right you must send us your notice by email or by first class post to the address given below. If you validly exercise a right to cancel we will refund the Fee paid within 30 days.
5.1. You may access certain parts of the Website without registering or providing Spellzone with your details.
5.2. Where you have registered on the Website and have been provided with a username and password. You are NOT free to divulge these details to teachers, students or any third party, except as documented in this agreement.
5.3. If there has been a disclosure of your username and password, you agree to promptly notify us of such disclosure of so that Spellzone can take appropriate security measures and to provide you with a new username and password.
5.4. If we reasonably believe that a user name and password are being used in any way which is not permitted by us we reserve the right to suspend the Service and/or issue a new username and password.
5.5. Spellzone recommends that you change your password at least on an annual basis.
6.1. The contents of the Service are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision.
6.2. We use reasonable care to make sure that the information appearing on the Service is accurate and up to date. However, errors and omissions can occur and you should not take the accuracy of the information for granted.
6.3. Because we do not have control over the use that may be made of the information provided through the Service, we exclude (to the fullest extent permitted at law) all warranties, express or implied, as to the quality, accuracy, timeliness, completeness, performance, or fitness for a particular purpose of the Service or any of its contents. In particular we make no warranty or representation that:
6.3.1. the Service will meet your requirements;
6.3.2. the Service will be uninterrupted, timely, secure or error free;
6.3.3. the results that may be obtained from the use of the Service will be accurate or reliable;
6.3.4. the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations;
6.3.5. the contents of the Service are free from infection by viruses or anything else which has contaminating or destructive properties; or
6.3.6. any errors in the software contained within the Service will be corrected.
6.4. Any material downloaded or otherwise obtained by you through the use of the Service is done at your own discretion and risk and on the basis that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
6.5. We do not permit any part of the Service to be cached in proxy servers.
7.1. You can terminate the Service with us at any time by giving us notice in writing. Unless we are in breach of our obligations to you, you will not be entitled to any refund of the Fee paid by you. You may in addition be entitled to cancellation rights under clause 4.
7.2. We can terminate the Service at any time on giving notice to you if:
7.2.1. you commit a breach of these terms and conditions;
7.2.2. you become bankrupt or enter into a voluntary arrangement with your creditors, become subject to an administration order, have a petition presented or an order made for you winding-up, have a receiver appointed over all or any part of your undertaking or assets, go into liquidation, cease or threaten to cease to trade or suffer any analogous event of insolvency in any jurisdiction; or
7.2.3. you fail to pay the Fee when due.
7.3. We reserve the right to terminate the Service at any time without giving you any reasons. If we terminate the Service under this clause we will refund a proportion of the Fee relating to the remainder of the period for which you have paid (if any).
8.1. We will request certain personal information from you (or if you are an institution, from your employees) in order to provide the Service to you. You are responsible for the accuracy and truthfulness of such information and you warrant and undertake to us that all such information is true and correct.
8.2. We will use your personal information only for the purposes of providing the Service to you. We will treat your personal information as confidential and we will not disclose it to any third party except with your prior agreement or as required by law. We are registered under the Data Protection Act 1998 and your data will be processed subject to that Act.
8.3. We reserve the right to request supporting documentation to verify personal information in our absolute discretion.
8.4. You must notify us immediately of any change in your personal details.
9.1. All materials on this Website are the copyright of Spellzone Limited or are reproduced with permission from other copyright owners. Those works are protected by copyright laws and treaties around the world. All rights are reserved.
9.2. You are permitted to print or download extracts from the Website and the Service solely for your own non-commercial individual teaching and learning purposes. Any extracts so downloaded may be stored on your computer, or if you are an institution on your network, for future use, subject to compliance with the remainder of this clause.
9.3. All copies of any part of the content material must bear an acknowledgement of the copyright of the owner of the material. Copyright, trademark and other proprietary notices must not be removed.
9.4. No materials may otherwise be copied, modified, published, broadcast or otherwise distributed without the prior written permission of Spellzone.
9.5. No part of the content of the Website or any of our products may be reproduced or transmitted to or stored in any website nor may any of its pages or parts thereof be disseminated in any electronic or non-electronic form (except as set out in clause 10.2) nor be included in any public electronic retrieval system or service without prior written permission from us. Copying or reproducing software to any other server or location is expressly prohibited.
9.6. Except to the limited extent set out above, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play for the purpose of public use or for the purpose of commercial exploitation this Website or any part thereof. You are not permitted to adapt, change or incorporate with any other work in any way the content of the Website or any of our products for any other purpose whatsoever without prior written permission from us.
10.1. The information on the Website may be incomplete, out of date or inaccurate, may contain technical inaccuracies or typographical errors and be subject to occasional 'downtime'. Spellzone reserve the right to update the Website at our sole discretion. Thus, such information may be changed, updated or removed without notice.
11.1. While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
11.2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
12.1. Spellzone has taken a number of measures to prevent the posting of profanity or other objectionable language on the website. For instance, we automatically drop known profane terms from all lists. However, no protective measures can be fool-proof.
12.2. Spellzone provides spelling practice on the website where registered users can post word lists. We do not accept any responsibility for the content or accuracy of such material. Where the material is based on or contains extracts owned by third parties, we do not make any representation or warranty that the material is provided without infringing the rights of the third party.
12.3. To maximize privacy and security, we require users to set up accounts if they wish to post word lists or comments.
12.4. Spellzone has no method for verifying whether someone who registers as a teacher at a particular school is truly that teacher or works at that school. Therefore it is possible for a person to register and post while posing as a teacher or parent when they are not actually a teacher or parent. It is actually common on the internet for people to register using false information about themselves.
12.5. All Spellzone users should be aware of this possibility and take appropriate precautions. When made aware of a fraudulent account, Spellzone will take measures to ban that user. However, these measures are limited to closing the particular account and banning future registrations using the particular email.
12.6. You agree that you will not upload files or content that contains software or other materials protected by intellectual property laws unless you own or control all of the rights thereto or have received all necessary consents.
12.7. Any material or information transmitted to or posted to the Service by any means will be treated as non-confidential and non-proprietary and may be disseminated, stored or used by us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services. This includes the right to exploit any proprietary rights in such information and material including rights relating to copyright, trademarks, patents or other intellectual property rights. This applies to all material and information that has already been provided in addition to that transmitted or posted in the future.
12.8. You are not permitted to post or transmit to or from the Service any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material which could give rise to any civil or criminal liability. You must not conduct or forward surveys, contests, pyramid schemes or chain letters or falsify any author attributions or other proprietary designations or do anything that might restrict or prohibit other users from using the Service.
12.9. You must not upload files that are technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) that may damage the operation of our or any third party's computer.
12.10. You may not misuse the Website (including, without limitation, by hacking).
12.11. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law or legal process or government request or to edit, refuse to post or to remove any information or materials at our discretion.
13.1. We very much welcome your comments and suggestions related to the Service, but please do not submit any ideas and suggestions that you consider to be confidential or proprietary to you. To the extent that you provide comments and suggestions to Spellzone you agree that Spellzone may use such information, without charge or limitations or notification, for all purposes on this website or elsewhere
14.1. We are concerned about the safety and privacy of our users, particularly children. Any adult or organisation using Spellzone, suggesting use of of Spellzone for children & or directing or assigning students to use Spellzone should be aware of the many risks of using the internet and take appropriate protective measures.
14.2. Some of these online risks include but are not limited to the possibility that students can be exposed to obscene or profane materials, that students might be directed through links to websites that try to solicit personally identifying information, that malicious computer viruses, code or other "malware" can attach itself to a user's computer through emails, downloads and website visits, and the possibility that any information transmitted across the internet cannot be guaranteed to be entirely private and secure. Although the services provided by Spellzone have measures in place for removing external links, malware and obscene or profane language they are provided on an "as-is" basis.
14.3. Teachers/ parents who wish to allow their child(ren) access to and use of the Website/Service should consider supervision of such access and use. By allowing your child(ren) access to the Services you are allowing your child(ren) access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child(ren). Always use caution when revealing personally identifiable information about yourself or your child(ren) via any of the Services.
15.1. Spellzone exists to serve educators, parents and students and strives to provide a safe, positive experience for children. To ensure this, we adhere to the following policies:
a) We do not collect online contact information directly from children.
b) We do not distribute any personally identifiable information about children to third parties.
c) We do not allow students to publicly post or distribute personally identifiable contact information without prior parental/teacher consent.
d) We try to avoid providing access to any web sites that request personal information, such as user email or physical addresses.
e) We do not use the prospect of a special game, prize or other activity, to entice children to divulge more information than is needed to participate in the activity.
16.1. Links to other web sites are provided by Spellzone in good faith and for information only.
16.2. If you use these links, you leave this Website.
16.3. Spellzone has not reviewed all of these third-party websites and does not control and is not responsible for these websites or their content or availability.
16.4. A link to a non-Spellzone website does not mean that Spellzone endorses or accepts any responsibility for the content, or the use, of such website or the products and/or services offered on such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.
171. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Spellzone logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that Spellzone is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with Spellzone nor present any other false information about Spellzone;
(e) you do not otherwise use any Spellzone trade marks displayed on this Website without express written permission from Spellzone;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
17.2. Spellzone expressly reserves the right to revoke the right granted in paragraph 18.1 for breach of these terms and to take any action it deems appropriate.
You shall fully indemnify Spellzone for any loss or damage suffered by Spellzone or any of its group companies for breach of paragraph 17.1.
18.1. You recognise the global nature of the Website and thus, agree to comply with all applicable local laws in your jurisdiction when using the Website.
18.2. Information we publish on the Website may contain references or cross-references to our services and/or products offered that are not announced or available in your country. Such references do not imply that we intend to announce such services and/or products in your country.
19.1. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence or for fraud.
19.2. We do not accept liability for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damage for loss of profits, anticipated savings, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), including but not limited to anything resulting from:
a). the use of or inability to use the Service;
b). the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
c). unauthorised access to or alteration of your transmissions or data;
d). statements or conduct of any third party on the Service (including but not limited to any defamatory statements); or
e). any other matter relating to the Service.
19.3. You are solely responsible for your choice in selecting this Website product.
19.4. We will not be liable if we are unable to perform our obligations under these terms and conditions due to the failure of any machine, data processing system or transmission link or to any circumstances beyond our control (including but not limited to strike, industrial action, war, fire, act of God or prohibition or enactment of any kind).
19.4. Subject to clause 20.1 and without prejudice to clause 20.2, if we are found liable to you our liability shall not exceed the total Fee paid by you to us.
19.5. You agree that given the nature of the Service, the exclusions and limitations of our liability are reasonable.
20.1. You agree that these terms and conditions including the terms governing your subscription shall be exclusively governed in accordance with the laws of and the courts in England and Wales. Notwithstanding the foregoing, nothing in this legal notice will preclude Spellzone Limited from applying to any court to bring an action for the infringement of its intellectual property rights.
21.1 This Notice is effective from July 2013. From time to time we may make changes to these Terms and Conditions to reflect any changes to our practices in accordance with changes in legislation, best practice or website enhancements. We will notify you about material changes to these Terms and Conditions by placing a prominent notice on our website.
22.1 If you have any concerns about material which appears on the Website, please contact:
Tel: +44 (0) 333 990 0132
Or in writing to:
Holme Hill Cottage
York YO26 8AR
Company Reg. No. 6884807 Registered in England and Wales
Thank you for visiting the Spellzone website.