Maths Cloud Ltd Terms and Conditions
Please read this agreement carefully as it governs your use of the: maths-cloud.co.uk website (the ‘site’). By continuing to use the site you are agreeing to the terms that appear below. Some of the services on the site are free to access and others are only available on a paid for basis (‘subscription service’). Part A applies to all services; Part B applies only to the subscription services. If you are under 18, you should ask your parents to check these terms.
These terms were last updated on 1 Aug 2018d.
Part A: General terms
1. Provision of service
a) The sites are owned and operated by Maths Cloud Ltd (company number 09517003), whose registered office is at 11 Branksome Drive, Shipley, BD18 4BB). If you are accessing the sites under your school's subscription arrangement, the terms agreed on behalf of your school will apply and will prevail over this agreement.
2. Limited rights to use content
a) All material displayed on the site (‘content’) belongs to Maths Cloud Limited. You may retrieve and display the content on a computer screen, print individual pdf pages on paper (but not on any server or other storage device connected to an external network) for your own personal, educational, non-commercial purposes.
b) Most of the content on the site is owned by Maths Cloud Limited but certain content is used under licence from third parties (‘third party content’) and will be marked with the copyright notice of those third parties. Some of the third party content will be subject to additional restrictions - the relevant copyright notice will make it clear where that is the case. You must comply with such restrictions. Every effort has been made to trace all the copyright holders, but if any have been inadvertently overlooked, Maths Cloud Limited will be pleased to make the necessary acknowledgements at the first opportunity.
c) You may not (without prior written permission from Maths Cloud Limited):
- redistribute any of the content or supply it to other people (including by using it as part of any library, archive, intranet or similar service);
- remove the copyright or trade mark notice from any copies of content made under this agreement;
- create a database in electronic or structured manual form by systematically downloading and storing all or any of the content;
- except as expressly set out above, modify, reproduce or in any way commercially exploit any of the content.
a) Maths Cloud Limited allows you to submit material or content that you can upload, post, email or otherwise transmit to certain areas of the sites. Maths Cloud Limited reserves the right to delete, move and edit any material submitted. You are solely responsible for the material or content you submit to the sites. By submitting any teaching resource materials you agree to not use the sites to:
- upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Maths Cloud Limited staff member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the sites;
- upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (‘rights’) of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of the sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the sites or servers or networks connected to the sites, or disobey any requirements, procedures, policies or regulations of networks connected to the sites;
- intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
- ‘stalk’ or otherwise harass another;
- collect or store personal data about other users.
b) By submitting material to the site, you grant Maths Cloud Limited a perpetual royalty free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-licence any material you submit in whole or in part or in any form. By doing this you agree that you waive any moral rights you have in the material.
c) If the site contains material submitted by users over whom Maths Cloud Limited has no control. Maths Cloud Limited cannot guarantee the accuracy, integrity or quality of any such material. Some users may breach these terms and post material that is misleading, untrue or offensive - you must bear all risk associated with your viewing of such material.
e) Indemnity - You agree to indemnify and hold Maths Cloud Limited and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the sites, your use of the sites, your connection to the sites, your violation of these terms and conditions, or your violation of any rights of another.
4. Limited warranties
a) Maths Cloud Limited will use its reasonable skill and care in making the site available to you and in ensuring their continuing availability. However, because of the number of sources from which Maths Cloud Limited obtains the content and because of the nature of the internet, Maths Cloud Limited does not give you any other warranties. In particular, you should not take the accuracy or availability of the information for granted and Maths Cloud Limited makes no warranty that the site is free from infection by viruses or anything else that has contaminating or destructive properties.
5. Limitation of liability
a) In respect of the content which is available free on the site, Maths Cloud Limited will use its reasonable endeavours to resolve faults but because this content is free you agree that Maths Cloud Limited will not be liable for any losses you may incur as a result of your use or non-use of that content. With regard to the subscription services, you agree that your exclusive remedy (in respect of any claim for breach of contract, negligence or otherwise) shall be limited to Maths Cloud Limited taking reasonable steps to correct the relevant subscription service or, at your option, a refund of the amount you have paid to Maths Cloud Limited to receive the relevant subscription service less any reasonable allowance for your receipt of the functioning service
b) Maths Cloud Limited does not accept any liability for any loss of profits, loss of business or business opportunity, loss of goodwill or reputation, business interruption, loss or corruption of data or programs or any type of indirect or consequential loss whatsoever arising from your access to and use of the sites and/or of any purchase of the subscription services nor for its being unable to fulfil any particular order due to the non-availability of the subscription services.
c) In no event will Maths Cloud Limited be liable for any losses or damages whatsoever arising out of, or in connection with, any unauthorised use of the sites and/or of any material published on them and/or of any services.
d) No assurances are given that the pages of the sites are free from infection from computer viruses, although Maths Cloud Limited takes all reasonable steps to prevent such infection.
a) Maths Cloud Limited is continually seeking to improve the site and services offered. Maths Cloud Limited reserves the right, at its discretion, to make changes to any part of the site. In respect of any subscription services, we will ensure that any changes do not materially decrease the functionality of those services.
b) In respect of non-subscription services, Maths Cloud Limited may change or add to this agreement as a result of its policy of updating and improving the site or for security, legal or regulatory reasons. Maths Cloud Limited will give you notice of any changes or additions. If you do not agree to be bound by those changes, you should not use the site any further after receiving notice. Such changes will not affect any contract that relates to ongoing subscription services that you have with Maths Cloud Limited at the time of the changes.
a) The sites contain links to other websites and resources (either directly or through frames) and, where possible, Maths Cloud Limited will make clear where such links are being made. Independent third parties provide these sites and Maths Cloud Limited is not responsible and shall not be liable for the availability or content of these outside resources.
a) In respect of the free parts of the site, there is no specific time limit applying to your access and use. However, Maths Cloud Limited reserves the right to suspend or terminate your access and use of the free parts of the site at any time. It may exercise the right with or without notice.
b) You may not assign, sub-licence or otherwise transfer this agreement or your rights of access to the site.
c) Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
d) A person who is not party to this agreement shall have no right under the contracts (Rights of third parties) act 1999 to enforce any of its terms.
e) English law will apply to this agreement and both you and Maths Cloud Limited agree to submit to the non-exclusive jurisdiction of the English courts.
Part B: Subscription services
Maths Cloud Limited offers some services for which it charges a fee (‘subscription services’). Details of what is included in those services (and the fee payable) are described in the relevant area of the sites. Clause 10 of the terms below sets out provisions which are specific to certain subscription services. Part A (above) the general terms also applies to subscription services and includes certain exclusions and limitations on Maths Cloud Limited's and your liabilities under this agreement. If you have any questions, please email firstname.lastname@example.org.
10. The terms: provision of all paid-for subscription services
a) You must provide Maths Cloud Limited with accurate and complete registration information, including valid credit card details. On registration, you will provided with a username and password ("ID"). It is your responsibility to update Maths Cloud Limited of any changes to that information (including your email address) by emailing email@example.com. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID details, you must notify Maths Cloud Limited immediately by emailing firstname.lastname@example.org. Maths Cloud Limited will try to process your subscription promptly but does not guarantee that any subscription service will be available to you by any specified time.
b) Each subscription for any subscription service is solely for use by you. Maths Cloud Limited reserves the right to monitor usage of the subscription services using your ID. In the event that unauthorised users are accessing any subscription service using your ID then, without prejudice to its other rights and remedies, Maths Cloud Limited reserves the right to charge you an amount equal to the charges which would have been payable had each unauthorised user subscribed for the subscription services themselves.
c) If Maths Cloud Limited reasonably believes that your ID is being used in any way which is not permitted by this agreement, Maths Cloud Limited reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved. Maths Cloud Limited may terminate this agreement by giving notice to you if you are in breach of this agreement and in such case, Maths Cloud Limited is not obliged to refund you any fees. Maths Cloud Limited may terminate this agreement if it discontinues a subscription service, in which case it will give you reasonable notice and you are entitled to a refund of that part of any fee which relates to the unexpired period of the relevant service.
11. The terms: provision of free-trial subscription service
a) You must provide Maths Cloud Limited with accurate and complete registration information, including valid personal and school details. On registration, you will choose your own username and password ("ID"). It is your responsibility to update Maths Cloud Limited of any changes to that information (including your email address) by emailing email@example.com. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID details, you must notify Maths Cloud Limited immediately by emailing firstname.lastname@example.org. Maths Cloud Limited will try to process your subscription promptly but does not guarantee that any subscription service will be available to you by any specified time.
b) Each trial subscription is solely for use by you for the period no more than 14 days. Maths Cloud Limited reserves the right to monitor usage of the subscription services using your ID. In the event that unauthorised users are accessing any subscription service using your ID then, without prejudice to its other rights and remedies, Maths Cloud Limited reserves the right to cancel your subcription with immediate effect.
c) If Maths Cloud Limited reasonably believes that your ID is being used in any way which is not permitted by this agreement, Maths Cloud Limited reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved. Maths Cloud Limited may terminate this agreement by giving notice to you if you are in breach of this agreement and in such case, Maths Cloud Limited is not obliged to refund you any fees.
d) All individuals are only entitled to one 14 day Free Trial subscription. Any user attempting to apply for more than Free Trial will have their Free Trial subscription terminated with immedaite effect and may result in complete suspension of site usage. Any action is regarding multiple trial applications will be at the sole discretion of Maths Cloud limited.
e) Any individual who accesses the site using repeated free-trial applications will be deemed to be accessing the site under full-subscription terms, and therefore invoiced accordingly for contravention of the free-trial subcription terms and conditions.
12. Online order process and formation of contract
a) The contract between Maths Cloud Limited and you is made under the following technical steps:
- you place your order for a subscription service with Maths Cloud Limited through the relevant site.
- you can identify and correct any errors in your information before you confirm your order for any subscription service.
- you give your payment details and Maths Cloud Limited (or an agent on our behalf) will process the payment during the course of your order.
- if your payment is successful, Maths Cloud Limited will accept and complete your order by sending you an order confirmation to the email address given by you. At this point there will be a binding contract between Maths Cloud Limited and you.
- Maths Cloud Limited will not keep a copy of the contract. It is recommended that you print off and keep a copy of the contract terms for your records.
- English is the only language offered for the conclusion of the contract.
13. Cooling off period
a) Subject to clauses 10 and 11, where you are purchasing a subscription service as a consumer and not a business, you have the right to cancel a subscription service at any time during the period of 14 working days commencing on the day after the date of creation of a binding contract between you and Maths Cloud Limited in accordance with clause 12 (‘the cooling off period’) and receive a refund minus administration fees. After this period has expired, you may only cancel the subscription service and receive a refund prior to the use by you of your log-in and password details (‘the start date’).
b) If the start date of a subscription service takes place during the cooling off period, you hereby agree and consent to the service commencing prior to the expiry of the cooling off period. Your right to cancel and receive a refund will terminate on commencement of the subscription services on the start date.
- You may cancel the subscription service after the start date but you will not be entitled to a refund.
- All subscription service cancellations must be made in writing directly via the website.
- Once a subscription service has been purchased, you have the right to cancel within a period of 14 working days provided that none of the associated resource files have been accessed or viewed. Please note that we are unable to accept cancellation of a purchased service once content on the website has been accessed.
- Any refunds and cancellations made after the site has been accessed, is soley at the discretion of Maths Cloud Limited.
14. Information collected
a) It is necessary for Maths Cloud Limited to collect your personal information (including name, home and school address, email address, telephone number and job title) for the purposes of registering you as a user of the sites, to provide and administer the services, to inform you of suitable products and services offered either by Maths Cloud Limited, and for market research. Your responses also help us to provide as complete a service as possible for you by ensuring that the sites and any appropriate advertising space that we sell reflects your needs and requirements.
b) If your contact details change please amend details in the ‘edit your details’ section.
c) Maths Cloud Limited collects data listing which of Maths Cloud Limited's pages are most frequently visited and by which type of users.
15. Data protection and disclosure
a) Maths Cloud Limited maintains registrations and takes all reasonable endeavours to comply with all requirements of the UK Data Protection Act 1998 and any regulation created under it.
b) Maths Cloud Limited will not disclose any of your personal information to any other third party (other than agents working directly on our behalf either in the UK or abroad including, without limitation, those third parties providing payment processing services or IT hosting services) except with your permission or where Maths Cloud Limited is required to do so by law. Maths Cloud Limited will use its best efforts to ensure that these third parties process data on Maths Cloud Limited’s behalf. Maths Cloud Limited endeavours to take sufficient measures to ensure the safety of your personal data.
c) You may request details of personal information which Maths Cloud Limited holds about you under the data protection act 2018. On payment of a standard fee of £10 Maths Cloud Limited will share that information with you within 40 days. You are also entitled to ask Maths Cloud Limited to correct any inaccuracies in any of the data it holds about you. If you would like a copy of the information held on you or require any information correcting, please write to Matt Kelly (email@example.com).
16. Further use of information
a) Maths Cloud Limited may occasionally send you communications about our product and services that it feels may be of interest to you unless you indicate that you are not interested in receiving such offers or information from us.
b) Save as provided at 14(b) above, Maths Cloud Limited does not sell, trade or rent user information to others unless you have given permission.
c) Maths Cloud Limited will share aggregate statistics about sales and traffic patterns with our advertisers, but these statistics will not include any personally identifiable information.
18. Maths Cloud Limited's security policy
a) No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while Maths Cloud Limited strives to protect your personal information, we cannot ensure or warrant the security of any information you transmit to Maths Cloud Limited and you do so at your own risk.
b) Following transmission, Maths Cloud Limited will make best efforts to ensure the security of the information on its systems.
At Maths Cloud Limited we collect information about our users for two main reasons:
- To help us continually improve the service we offer.
- To ensure we can contact users about our services and subscription offerings.
We are absolutely committed to protecting your privacy and have established the following principles:
a) We will respect your email privacy, and will not send you unsolicited mail from Maths Cloud Limited.
b) Save as outlined above, we will not pass on any individual user details (including your email address) unless we have your prior consent.
c) Otherwise, we will only share aggregate statistics about our users, sales and traffic patterns with our advertisers.