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Terms and Conditions for Users

By using the learningwithparents.com website and the Learning with Parents service you are agreeing to be bound by the following terms and conditions ("Terms of Use").

 

Basic Terms

  1. You are responsible for any activity that occurs under your screen name (“UserID”) including direct submissions to Learning with Parents.
  2. You are responsible for keeping your password secure.
  3. You consent to our processing your personal data, including the retention of your email address and mobile number for any correspondence and the anonymisation of your data for research purposes, in line with our Privacy and Data Protection Policy.
  4. You consent to your usage data being shared with staff members at the school, school group or other organization through which you are allowed to access the site.
  5. You must not modify, adapt or hack Learning with Parents or modify another website so as to falsely imply that it is associated with Learning with Parents.
  6. You must not crawl, scrape, or otherwise cache any content from Learning with Parents including but not limited to videos, activities and images.
  7. If you wish to remove your account or unsubscribe from email or text communications you should contact hello@learningwithparents.com.

We reserve the right to remove content and/or delete your account at our discretion, including if you violate any of the terms of this Agreement.

Services

The services provided by learningwithparents.com (“website”) are mainly the following:

  • Educational videos and activity suggestions for parents and children in participating school or through a partner organisation.
  • A planning tool for teachers and other staff at a school or partner organisation to assign topics to be released to parents and preview videos and activities.
  • Usage data presented to the relevant teachers and other staff.
  • Written articles and information concerning education and parenting.
  • Ongoing email and text communication.

Although Learning with Parents makes all reasonable efforts to regularly update information distributed by the website, such information is strictly indicative and general in character and cannot be perfectly error-free. Learning with Parents does not endorse or recommend any specific methodology or advice that may be mentioned on the Learning with Parents website.

Communication

By registering with learningwithparents.com you agree that we will contact you directly via email or text regarding the maths or English topics identified by your child’s teacher or educational organisation staff. This communication will include, but is not limited to initial notifications, follow-up reminders and longer term summaries. We may also contact you regarding administrative issues, including improvements to our website. In addition, Learning with Parents may send you emails or texts from staff at your child’s school or at a partner organisation, or general information such as our newsletters. In general, by using Learning with Parents and agreeing to these terms, you are agreeing to be contacted by Learning with Parents via email and text with general communications. We won't abuse this right and will endeavour to provide you with valuable information, however, you may opt out of receiving such communications at any point by contacting hello@learningwithparents.com or clicking “unsubscribe” links, where appropriate, in our emails.

Personal Data

Our website is for your personal use only and shall not be used by you directly or indirectly in connection with any commercial or governmental endeavour. If you would like to advertise, conduct market research or other survey or research activities for academic, commercial or political purposes please contact us.

By using our services you are agreeing to permit your data to be used by us or approved third parties in an anonymised form to further research into parental engagement in education or to improve our services.

Users have, under Part II of the Data Protection Act 1998, a right of access to personal data concerning them, and to its rectification, opposition and deletion, which you can exercise by writing to us at hello@learningwithparents.com.

For more information about how we process your personal data, please see our Privacy Policy.

Uploading Photos

As a condition of use, you will not use the services for any purposes that is unlawful or prohibited by these Terms. Any misuse of the photo uploading service could result in our termination of your account with us. The purpose of the upload photo service is to provide teachers or other educational organisation’s staff with feedback on the activities.

By uploading an image, we expect any people clearly identifiable to have consented to the sharing of the image in line with our Privacy Notice and the opt in consent at the point of uploading, or that you have full rights to use the image and accept full responsibility. By uploading an image, you agree to indemnify against any claims or losses arising from use of the images.

When uploading a photo, you are solely responsible for its content and for any offence, claims or damages that arise from the content of the image. The sharing of the image in line with our Privacy Notice does not alter or diminish your responsibility. By uploading images and agreeing for us to use these in our promotional materials, you understand that we will not pay you for the use of the images.

Learning with Parents regularly spot-checks images uploaded and has a moderation process in place. Any unsuitable images will be reported as part of our safeguarding responsibilities.

Advertising and sponsorship

We may enable third parties to provide information or advertise their products and services or may otherwise describe certain third party services. You agree that any such content shall not be considered an endorsement by us of such products or services, and that we shall not be liable for: (i) your interactions with any entity and/or individual on or through our tools, including but not limited to interactions involving the payment and delivery of goods and services, or (ii) any other terms, conditions, warranties or representations associated with such dealings. Any such dealings are solely between you and such entity and/or individual. You agree that Learning with Parents is not responsible for any damage or loss incurred as a result of any such dealings.

We validate each new advertiser or sponsor systematically and reserve the right to refuse advertising if its contents could be controversial or if our team considers that it fails to promote improvements to education. Decisions are made independently of any commercial or advertising influence. All adverts and sponsored content are clearly identified.

Copyright and Trade Mark Ownership

No part of the Learning with Parents website, including but not limited to the videos and the activities, may be reproduced, distributed or transmitted in any form or by any means to anyone, without the prior express written consent of Learning with Parents, other than to parents and children through the Learning with Parents communication channels.

Learning with Parents owns all intellectual property rights in the Learning with Parents website and any content provided by Learning with Parents, including the videos and any related content created specifically for the Learning with Parents website.

Ownership of any materials that you submit directly to us for use on the website, for example images for our educational resources, will transfer to us on acceptance of the material. We are under no obligation to pay you for submitted materials without prior agreement.

All trademarks, logos, service marks and trade names are proprietary to Learning with Parents or third parties who have granted Learning with Parents the right or license to use such intellectual property. Learning with Parents does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo displayed without our prior written consent.

Links to Other Sites

Our tools may contain links to other websites. The linked sites are not under Learning with Parents' control, and we do not warrant, represent or assume any responsibility or liability for the accuracy or completeness of the information or software or other materials downloaded from or contained in any linked site or any site contained in a linked site.

Disclaimer, Warranties and Liability

You acknowledge and agree that your use of our website is at your sole risk. To the fullest extent permitted by law, neither Learning with Parents nor its officers, directors, employees, agents, successors or affiliates will be liable to any user of our website or any other person or entity for any:

  1. indirect, special, incidental, punitive, consequential or exemplary damages;
  2. loss of profits;
  3. loss of data; or
  4. loss of use,

in each case, arising out of the use or inability to use our site, even if we have been advised of the possibility of such damages, except where liability cannot be excluded in accordance with applicable law.

To the extent permitted by applicable law, Learning with Parents disclaims any implied warranties of fitness for any particular purpose regarding our website.

We cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, settings, or other service interruptions. For this reason, you agree that Learning with Parents services, including the services of our third-party service providers, are provided "as-is" and we do not guarantee the availability of the Learning with Parents services or that any of the features or services will not be interrupted or will be error free.

Law

The Learning with Parents service was designed for Users resident in the United Kingdom. English law governs these general conditions. Foreign (including Scottish) Users expressly accept that by using the website English law shall apply and any dispute arising from their use shall be litigated only in England and Wales. Accordingly, Users acknowledge that generally any information that is disseminated to, and / or exchanged via the Learning with Parents services may not be appropriate outside England and Wales.

Terms and Conditions

PARTIES

(1) LEARNING WITH PARENTS a registered charity (CIO) in England and Wales with charity number 1189812 whose registered office is Newminster House, Bristol, BS1 1LT (Company);

(2) Your school or setting (School);

WHEREAS

(A) The Company has developed a programme to motivate and empower parents to engage in their child’s learning.

(B) The School wishes to use the Company’s programme to help their children and families.

(C) The Company has agreed to grant access to sections of its website to the relevant school staff and families.

(D) The Company has agreed to provide and the School has agreed to pay for access to the Company’s website on the terms and conditions of this Agreement.

IT IS HEREBY AGREED AS FOLLOWS

1. Definitions

The definitions and rules of interpretation in this clause apply in this Agreement:

  • “Initial Price” is the price for the Initial Subscription Term. This is calculated by the “Price Calculation”.
  • “Initial Subscription Term” means the initial term which shall begin on the date this contract is entered into and end after one calendar year.
  • “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  • “Learning with Parents Package” means a section of the Company’s website personalised for the School that contains the Videos provided by the Company via the Website or any other website notified to the School by the Company from time to time.
  • “Ongoing Price” means the price for the applicable Ongoing Subscription Term calculated by the Company. This will be shared with the school at least 30 days prior to the renewal date. It is dependent on the number of classes whose parents or carers are offered access to the Learning with Parents Package, as reported by the School in accordance with clause 4.5 below.
  • “Ongoing Subscription Term” means the term which shall begin at the end of the previous Subscription Term and last for one year.
  • “Permitted Users” means the School’s current staff, and parents and carers of pupils currently at the School, in each case as at the applicable time of use.
  • “Price” means, in respect of the Initial Subscription Term, the Initial Price or the Ongoing Price, in respect of the applicable Ongoing Subscription Term.
  • “Price Calculation” means the value calculated using the formula agreed upon initial sign-up, or updated upon renewal.
  • “Subscription Term” means the Initial Subscription Term or the Ongoing Subscription Term, as applicable.
  • “Videos” means the videos provided within the Learning with Parents Package which consist of short clips of children explaining school techniques and are supported by related activities that parents can complete with their child.
  • “Website” means mathswithparents.com, learningwithparents.com, learningwithparents.org, englishwithparents.com or any subdomain of those domains, as appropriate.

2. Learning with Parents Package

In consideration of the School paying the applicable Price to the Company (in accordance with clause 5 below) the Company grants the School a nonexclusive, non-transferable, revocable licence to access, and to allow the Permitted Users to access, the Learning with Parents Package during the Subscription Term.

3. Company’s Obligations

Subject to payment by the School of the Price (in accordance with clause 5 below), and compliance by the School with its obligations under clause 4 below, the Company agrees to:

3.1 provide the Learning with Parents Package to the School and use reasonable endeavours to ensure it can be accessed by the Permitted Users at all reasonable times.

3.2 work with the School to support increased parental engagement

4. School’s Obligations

4.1 provide the Company with such information and materials as the Company may reasonably require to supply the Learning with Parents Package and ensure that such information is accurate in all material respects;

4.2 ensure that only the Permitted Users use the Learning with Parents Package and that they do so inaccordance with the terms and conditions of this Agreement;

4.3 allow the use of the School’s name and logo on the Company’s website and marketing materials;

4.4 no later than 30 days prior to each Subscription Term, provide an accurate estimate of the number of classes whose parents or carers will be offered access to the Learning with Parents Package.

5. Payment

5.1 The Company shall invoice the School up to 30 days prior to the start of each Subscription Term, or earlier if requested by the School, in respect of the Initial price or Ongoing Price, as applicable.

5.2 The School agrees to pay each invoice submitted by the Company within 30 days of the date of the invoice to the account specified in the invoice.

6. Intellectual Property Rights

6.1 No part of the Website including but not limited to the Learning with Parents Package and Videos may be reproduced, distributed or transmitted in any form or by any means to anyone other than the Permitted Users without the prior express written consent of the Company.

6.2 The School acknowledges and agrees that the Company owns all Intellectual Property Rights in the Website, the Learning with Parents Package and the Videos and except as expressly stated herein, this Agreement does not grant the School any rights to or in such Intellectual Property Rights.

6.3 The School shall promptly give notice in writing to the Company in the event that it becomes aware of any infringement of any Intellectual Property Rights owned by the Company.

7. Termination

7.1 Without limiting its other rights or remedies each party may terminate this Agreement with immediate effect by giving written notice to the other party if:

7.1.1 the other party commits a material breach of its obligations under this Agreement and (if such breach is remediable) fails to remedy the breach within 30 days after receipt of notice in writing to do so; or

7.1.2 the other party’s financial position deteriorates to such an extent that its capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy.

7.2 Without limiting its other rights or remedies the Company may terminate this Agreement with immediate effect if the School fails to pay any amount due under this Agreement on the due date for payment.

7.3 If the Agreement is terminated pursuant to this clause 7 during a Subscription Term, there will be no refund to the School of the amount of any Price paid by the School in respect of that Subscription Term.

8. Renewal

At the end of each Subscription Term, this Agreement shall automatically renew for one additional year as an Ongoing Subscription Term unless written notice of non-renewal is provided to the Company by the School at least 30 days prior to the expiration of the then-current Subscription Term.

9. Indemnity

The School shall indemnify the Company for any loss suffered by the Company as a result of the School breaching its obligations under this Agreement.

10. Variation

No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

11. Entire Agreement

11.1 This Agreement constitutes the entire Agreement between the parties and supersedes all previous agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.

11.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement.

11.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

12. Assignments

Neither party shall assign, transfer, subcontract, or deal in any other manner with any or all of its rights and obligations under this Agreement without the prior written consent of the other party.

13. Counterparts

This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.

14. Third Party Rights

This Agreement does not confer any rights on any person or party other than the parties to this Agreement and where applicable their successors and permitted assigns pursuant to the Contracts (Rights of Third Parties) Act 1999.

15. Governing Law

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

16. Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

The parties acknowledge that they have read and understand this Agreement and voluntarily accept the duties and obligations set forth herein.