Worksheets and Whiteboard Resources for Elementary Math
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learningclip.co.uk Subscription Terms and Conditions

These terms and conditions set out the conditions relating to the sale of School and Single User subscriptions, to the Learning Clip resources you have selected prior to coming to these terms and conditions.

Any agreement to purchase a subscription to our resources is with Learning Clip Limited ("LC Ltd", "we", "us", "our"). LC Ltd is a private limited company, incorporated in the United Kingdom under company registration number 06403621. LC Ltd's registered office is located at; Bowland House, Philips Road, Blackburn, Lancashire BB1 5NA. To contact us please email info@learningclip.co.uk

1. Resources and Types of subscriptions

1.1 LC resources are intended to support the teaching of children of primary age and are provided on an "as is" basis and subject to the disclaimers set out below. Learning Clip resources are described as any item of digital media or composites of such items provided by Learning Clip Ltd, including but not limited to, video, interactive media, documents, sounds, photographs, logos and illustrations.

1.2 To use a Learning Clip resource you must be online. Resources are not available for local storage and retrieval except to the extent your browser requires to temporarily cache resources.

1.3 Single User Subscriptions: Each subscription is a personal, non exclusive, non transferable right of access to the selected resources for the selected period (shown on the subscription confirmation page) as detailed on the website at time of purchase and commencing from the date of contract. The contract is between Learning Clip and the subscriber named as being permitted access to the resources.

1.4 School Subscriptions: Each subscription is a corporate, non exclusive, non transferable right of access for the number of users specified at the time of purchase to the selected resources for the selected period (shown on the subscription confirmation page) as detailed on the website at time of purchase and commencing from the date of contract. The contract is between Learning Clip Ltd and the entity named as the subscriber. The subscriber may allocate access rights to users only when that user is directly engaged in carrying out their normal role on behalf of the subscriber and those users shall be bound by the terms set out in this agreement. The subscriber may reallocate each individual access right up to two times for each year of the subscription. Unless covered by separate written agreement with LC no subscriber may allocate access rights to more than one school.

1.5 Class Login: Is a subsidiary right of access that can be initiated by certain personal subscription types or by a user allocated access rights under a school subscription. The right of access is limited to weekdays between 8:00 and 17:30 (subscribers' local time). In the case of a school subscription the right of access does not extend beyond the school premises. For personal subscriptions the right of access extends to the workplace of the subscriber at the time of initiation.

1.6 We reserve the full editorial control over our resources and reserve the right to make changes to the look, feel and functionality of our resources. Including but not limited to, the content of our resources (whether singular or composite), the method of display and delivery, and the right to remove temporarily or permanently certain resources which may be or become contentious, complained about or unlawful.

2. Placing an order and our acceptance

2.1 When making a payment, the process will only be available in English.

2.2 When submitting a request to subscribe to our resources, you will be required to register first, if you have not previously done so. The subscription confirmation page will confirm which type of subscription you have indicated you require and the period you require it for. The subscription period will start in accordance with Clause 2.3 below. If you wish to cancel any subscription, you will have no contractual right or statutory right of cancellation to do so. Acceptance of any cancellation request shall be at our absolute discretion and if accepted, may be subject to a cancellation charge not greater than the value of your subscription adjusted pro rata for the remaining period of the subscription.

2.2.1. Online Payment: After selecting the type of subscription you require, you will then proceed to a checkout screen detailing the price excluding and including any taxes (if applicable). You will be asked to confirm that you have read these terms and conditions and where applicable the 'Class Login' Fair Use Policy. All online payments will be handled by our online payment provider.

When you do submit your request for payment to be authorised by whatever means, you are making an offer to purchase a subscription, which we may accept or decline. After you submit your offer, our online payment provider will send you an email confirming that your payment has been processed.

We will also send you an email confirming your order. We may at that time allow you to have temporary online access to the resources you have asked to subscribe to pending the processing of your order, but this is a gesture of goodwill, and does not represent acceptance of your offer. Ongoing access will occur if your order is accepted.

2.2.2 Offline Payment: If the subscription type selected is a School Subscription then facilities to pay for a subscription offline are available. These facilities are only available to schools in the UK. You will be asked to confirm that you have read these terms and conditions and the 'Class Login' Fair Use Policy. You will be presented with a printable order confirmation that you should print, complete and return to us along with your payment or purchase order.

We will also send you an email confirming your order. We may at that time allow you to have temporary online access to the resources you have asked to subscribe to pending the processing of your order, but this is a gesture of goodwill, and does not represent acceptance of your offer. Ongoing access will occur if your order is accepted.

2.3 Order Acceptance: Your payment will then be processed by us and we will confirm if your payment is not validated. A binding contract comes into effect between Learning Clip Ltd and the person or entity named as the subscriber once payment has been received and if we have not contacted you within 5 working days of you submitting your order which will be when your payment is received by us.

2.4. In the event of a payment being made by a third party for a subscription the third party agrees that they can exercise no rights over the use of that subscription and that our agreement to supply access to the subscribed to resources is with the named subscriber.

2.5. Rights of Cancellation and Exchange: The Learning Clip resources that a subscription entitles the subscriber to access are digital media as described in 1.1. Once any item of content available under a subscription has been accessed the right of cancellation or refund forfeited. We may, at our discretion, agree to exchange the content a subscription entitles access to for another of the same base type and value providing we are informed during the first seven days of a subscription.

2.6. Subscriptions are supplied subject to availability, the resources subscribed to remaining in current circulation and continuing to be owned by us or licensed to us. In the event that we are unable to supply any resources subscribed to for the agreed term, we will inform the subscriber as soon as possible and provide you with a pro rata refund in the event that you have paid for a period for which we cannot comply. This does not extend to amendments made under the terms set out in 1.6. We will not be liable for any other direct or indirect losses, nor any losses (as set out in Clause 6), caused as a result of not being able to supply the subscriptions for all or any of the periods subscribed to. This does not affect your statutory rights.

3. Your Account Details

3.1 If a request for a subscription is accepted, the subscriber will be responsible for maintaining confidentiality of the online account and password, restricting access to your computer and/or preventing unauthorised access to the account. The subscriber agrees to take responsibility for all activities that occur under the account or password.

4. Prices and Payments

4.1 The price that is paid for a subscription should be the standard pricing as indicated on the website, which will depend on the billing/invoice address. These prices are valid for purchases made during the calendar year which the purchase relates to. Subscription fees will be charged in the currency as indicated in the Checkout phase which, if not the country of your bank account, will be converted by your bank into the currency of your bank account, when processed. We are not responsible for any additional charges your bank may apply.

4.2 Whilst we try to ensure that all prices on our website are accurate, errors may occur. If we discover any error in the prices of the subscriptions ordered and this is greater than the amount you have paid, we will inform you as soon as possible and give you the option of recommencing your subscription at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If cancellation occurs under these circumstances and we have already processed your payment, you will receive a full refund.

4.3 Online Payments may be made via credit or debit cards or as otherwise specified on the payment options section of the website. We take all reasonable precautions to keep the details of your order and payments secure, however unless we are negligent, we cannot be held liable for losses caused as a result of unauthorised access to the information provided by you.

5. Disclaimers and limitations of liability

5.1 Disclaimers

5.1.1 General disclaimers. We try and ensure, but cannot give any warranty, that our websites are available for use 24 hours per day, seven days per week other than for short periods of scheduled downtime. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our sites become unavailable or access to a site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our website inaccessible to you. Should there be persistent and prolonged periods of inaccessibility caused by us or our contractors (and excluding by reasons of Force Majeure events) the maximum we will be liable to you for is a pro rata amount of the subscription you have paid to us proportionate to the period you were not able to access the website, or an extension to the duration of your subscription equivalent to the period you were not able to access the website.

5.1.2 To the fullest extent permitted by law, the material and information displayed on our website and within our resources is provided "as is", without any guarantees, conditions or warranties as to accuracy.

5.1.3 It is the subscribers responsibility to satisfy themselves that internet connection, computer hardware and software is able to access and display the resources to their satisfaction before subscribing.

5.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LC Ltd EXPRESSLY EXCLUDES:

5.2.1 ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY;

5.2.2 ANY LIABILITY CAUSED BY A FORCE MAJEURE EVENT;

5.2.3 ANY OBLIGATION OF EFFECTIVENESS OR ACCURACY; AND iv. OTHER THAN AS SET OUT BELOW, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION ON OUR WEBSITE, VIA ANY WEBSITES LINKED TO OUR WEBSITE(S) AND ANY MATERIAL POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE. NOTHING IN THIS PROVISION AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE NOR FOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER NOR ANY OTHER LIABILITY WHICH CANNOT BE EXLUDED OR LIMITED UNDER THE APPLICABLE LAW. THESE PROVISIONS DO NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE FEES YOU HAVE PAID TO US. YOU AND LC Ltd AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE OUR RESOURCES.

6. Alteration of Service or Amendments to the Conditions

6.1 We reserve the right to make changes to our website, policies, and these terms and conditions at any time. You will be subject to the general policies and conditions in force at the time that you use the website, unless any change to those policies or these conditions is required to be made by law or government authority (in which case those changes will apply retrospectively). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and the closest enforceable substitute (if possible) will be included and the excluded clause will not affect the validity and enforceability of any remaining conditions.

7. Events beyond our reasonable control

7.1 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including reasons of Force Majeure which shall include (but not limited to) any default due to an act of God, war, or threatened war, act of terrorism or threatened act of terrorism, strike, lockout, individual action, fire, flood, drought, tempest or other event beyond the control of either party. This condition does not affect your statutory rights.

8. Waiver

8.1 If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

9. Licence and acceptable and prohibited use of our content and website(s)

9.1 The content, layout, design, data, databases and graphics on our websites are protected by UK and other international intellectual property laws and are owned by LC Ltd. Unless expressly permitted in writing, or as otherwise permitted by virtue of the Website Terms and Conditions or subject to the terms in 10.2 no part of the website may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting) nor shown in public.

9.2 Reproducable material. On the understanding that it is strictly for your personal, non-commercial, educational use you are permitted under the terms of the licence to print and photocopy certain documents on the site. Your right to photocopy documents extends only to those documents classified on the website as 'worksheets' and you may only do so for use in your classroom or to set as home work for the pupils you normally teach or children normally in your care. You may also print (strictly for your personal, non-commercial, educational use) documents downloadable from the website or pages of the website whose express purpose is indexing the content of the website or providing technical guidance as to the correct use of the website.

9.3 You may not create any derivative work or make any other adaptation, without our prior written consent. Except as otherwise specifically permitted in this Agreement, you may not:

9.3.1 modify or create any derivative works of the Software or documentation, including translation or localization;

9.3.2 separate composite resources, which are licensed as a single entities, into their component parts;

9.3.3 reverse engineer, decompile, or disassemble or otherwise attempt to derive any source code for the resources (except to the extent applicable laws specifically prohibit such restriction);

9.3.4 redistribute, encumber, sell, rent, lease, sublicense, use the resources in a timesharing or service bureau arrangement, or otherwise transfer rights of access to any LC resources.

9.4 LC ltd trademarks and logos which are displayed on the website are the trademarks of LC Ltd and its Licensors. Any use LC ltd's trademarks or other trademarks displayed, is strictly prohibited without our (or our Licensor's) express written consent. Any permitted use of our material is subject to ensuring that our copyright notices and trade marks appear as they do on all copies online and customary bibliographical citations including author attribution, date, article title (if applicable) and the URL to the LC website are included. If you print off or download any material from our website(s) in breach of these terms of use, your right to use our site(s) will cease immediately and you must at our option return or destroy any copies of the materials you have made. All rights not expressly granted in these terms or any express written licence, are reserved.

9.5 Any material you communicate to us as 'feedback' will be considered non-confidential and non-proprietary (unless otherwise stated on the site) and you grant us a transferrable, royalty free, worldwide, irrevocable licence to use, copy, distribute, edit, amend, disclose and sublicence to third parties any such material for any purpose, in any media. To the extent moral rights attach to any material to the fullest extent permitted by law these are waived in our favour. All material must adhere to the requirements of Clause 10.7. We will also have the right to disclose your identity to any third party who is claiming that any material communicated to us constitutes a violation of their rights including without limitation their intellectual property rights, reputational rights or of their right to privacy.

9.6 Any request for permission to use our content or images, or other use of our intellectual property not authorised under a subscription, should be made using the contact us details on the website.

9.7 You must not use the website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must use the website for lawful purposes only. You must not use the website for any of the following: Fraudulent purposes in connection with a criminal offence or otherwise unlawful activity. To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, trojans, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam. To cause annoyance, inconvenience or needless anxiety. To reproduce, duplicate, copy or resell any part of our site in contravention with these terms of use

9.8 Our websites contain links including hyperlinks which may take you outside LC Ltd websites. Links are provided for your convenience, and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content. We have no control over the contents or functionality of those sites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside LC Ltd websites, and such websites use will be subject to relevant terms and conditions and privacy policies.

9.9 You may link to the LC website. You may not provide a link which suggests a form of association, approval or endorsement on our part, unless we have expressly agreed to this in writing. We reserve the right to withdraw any linking permission upon notice to you or by amending these terms and conditions.

10. Privacy

10.1 Our full Privacy Notice is set out on the website. Please note that a session-based cookie is used throughout the site to link to data that we store about you on our servers. This data includes demographic data (including address data), subscription information and resource access entitlements.This Cookie is used to point to this data, whenever you are logged on to the website. If you turn off cookies, you will be unable to place orders, view resources or benefit from the other features that use cookies.

11. Third Party Rights Exclusion

11.1 No party, who is not party to any contract which may be entered into by us, may enforce the terms of that contract and therefore we hereby exclude the operation of the Contracts (Rights of Third Parties) Act 1999.

12. Governing law and jurisdiction

12.1 To the fullest extent permitted by law, these terms and conditions and any issues arising, shall be governed and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction.

13. Entire Agreement

13.1 If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable. In case of controversy or inconsistency between translations of these Terms to other languages, the English version issued by Learning Clip Ltd shall prevail.

13.2 The failure or delay of Learning Clip Ltd to exercise or enforce any right in these terms does not waive Learning Clip Ltd's right to enforce that right.