1 About our Terms
1.1 We means Tooled Up Education Limited, Company Number 11537853, registered office address 59 Union Street, Dunstable, England, LU6 1EX (and us or our shall have the same meaning; and
1.2 You means the person accessing or using the Website or its Content (and your shall have the same meaning).
1.3 These terms and conditions of use as updated from time to time in accordance with clause 11 (“Terms”) explain how you may use this Website (the Website) which is provided by us free of charge unless you are accessing as part of one of our subscription packages, in which case access is provided to subscription areas in return for the relevant subscription fees, either paid by you or the school which your child(ren) attend.
1.4 References in these Terms to the Website include the following websites: www.tooledupeducation.com, and all associated web pages.
1.5 You should read these Terms carefully before using the Website.
1.6 By accessing, browsing or using the Website or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1.7 If you do not agree with or accept any of these Terms, you should stop using the Website immediately.
1.8 If you have any questions, concerns or complaints about the Website or your subscription package, including any of the subscribed resources then please contact Tooled Up education at email@example.com. We will endeavour to respond within 48 hours of receipt although depending on the nature of your correspondence, this may take longer.
2 Using the Website
2.1 The Website is for your non-commercial use only and you may not share or redistribute any of the text, images, video, audio or other multimedia content, software or other information or material on the Website, including the resources to which you have been granted access as part of a subscription package (“Membership Resources”) (together “Content”) to anyone else. This includes other parents, even if their child(ren) attend the same school as your own.
2.2 You understand and acknowledge that all Content is our property and remains so at all times and that Membership Resources are accessed and used under licence only for the duration of the relevant subscription period, after which you will no longer be entitled to use the Membership Resources.
2.3 If you are a school that has signed up to be a Tooled Up school (“Subscriber School”) your access to, use of the Website and Content are in addition to these Terms governed by the provisions of the school subscription contract in place between us and your school and you should ensure that you are familiar with the requirements of that contract when using the Website and Membership Resources.
2.4 If you are an individual subscriber or a parent of a child(ren) at a Subscriber School your access to and use of the Website and the Content are governed by these Terms and our online terms and conditions for the supply of services where applicable.
2.5 Please note that to access and use any Membership Resources you must be 18 years of age or over.
2.10 In order to ensure the Website and the Membership Resources are used properly and in keeping with the permitted purpose set out in these Terms and any agreement governing a subscription package your individual log in account is monitored. We also reserve the right to de-activate accounts that are inactive for more than 12 months.
2.11 The Website is intended for use only by those who can access it from within the UK. If you choose to access the Website from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
2.12 We seek to make the Website as accessible as possible. If you have any difficulties using the Website, please contact us at firstname.lastname@example.org.
2.13 We may prevent or suspend your access to the Website and any subscription package if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
2.14 In the event that you are a parent of a child(ren) at a Subscriber School and access the Membership Resources via the subscription package paid for by that Subscriber School, your access and individual user accounts will be closed immediately in the event that the Subscriber School chooses not to renew its subscription package or your child(ren) no longer attend the Subscriber School or will be suspended in the event that Subscriber School fails to pay its subscription fees.
3 Your privacy and personal information
4 Ownership, use and intellectual property rights
4.1 The Website and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
4.2 Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to access the Website and the subscription resources. You agree not to adjust to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.
5 Submitting information to the Website
5.1 While we try to make sure that the Website is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any information that you regard as confidential, commercially sensitive or valuable.
6.1 While we try to make sure that the Website is available for your use, we do not promise that the Website is available at all times nor do we promise the uninterrupted use by you of the Website.
6.2 We may suspend or terminate operation of the Website at any time as we see fit.
6.3 While we try to make sure that the Website is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose. Your attention is particularly drawn to the fact that the Content may not be suitable for children with special educational needs. Any reliance that you may place on the information on the Website is at your own risk.
6.4 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial, legal or medical advice or any other type of advice and should not be relied on for any purposes including but not limited to as a substitute for professional advice.
6.5 If you have any concerns about a child’s mental health or physical wellbeing or you feel a child is at risk of harm you should contact a GP or your local support services for help and guidance.
7 Hyperlinks and third party websites
The Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party Website may be governed by the terms and conditions of that third party Website.
8 Limitation on our liability
8.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), arising as a result of your statutory rights or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
8.1.1 losses that:
(a) were not foreseeable to you and us when these Terms were formed; or
(b) that were not caused by any breach on our part;
8.1.2 business losses; and
8.1.3 losses to non-consumers.
9 Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident, failure of public telecommunication networks, power or other failure affecting any of our servers or other platforms hosting or facilitating the Website.
10 Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
These Terms are dated May 2020. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this provision. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Website and by continuing to use and access the Website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with us please contact us as soon as possible.
12.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you.
12.4 Relevant United Kingdom law will apply to these Terms.