Terms and Conditions
Last amended on 28th August 2018
Please read the terms and conditions (“Terms”) carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms, please do not use the Service or become a registered user of the Service ("User"). Please note that these Terms do not affect your statutory rights.
These Terms and Conditions govern your use of “HandUp Learning” (the “Service” or "Website") located at the website www.handuplearning.com.
In these Terms, the terms “the Company”, “we”, “us” and “our” means HandUp Learning Limited (a company incorporated in England and Wales with the registered company number 11507564 and registered office at Kemp House 152-160 City Road, London EC1V 2NX;
The terms “you” or “your” means you as a user of HandUp Learning and customer or consumer in the relationship between us and you;
The term ‘Contract’ means the legally-binding agreement between you and us for the use and supply of our service(s);
The term ‘consumer’ means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
The term ‘Service’ means the service(s) advertised on our website, including subscriber subscription plans and any other services found on our website and detailed in our terms and conditions;
The term ‘website’ means our website www.handuplearning.com on which our services are advertised.
Please read the below Terms carefully
2. Your Contract
Your contract is with HandUp Learning Limited (details above), trading as HandUp Learning. Our principal place of business is at Kemp House 152-160 City Road, London EC1V 2NX and our email address is firstname.lastname@example.org.
3. Your Obligations to us
When you use the Service you agree to abide by these Terms and Conditions.
4. Intellectual Property
The content on our website including our Service(s) found therein is owned by HandUp Learning Limited and is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content on the Service on a computer screen, provided you keep intact all and any copyright and proprietary notices. You may not reproduce, modify, copy or distribute or use for commercial purposes or any purposes other than that which you enter into this agreement with us for, any of the materials or content on HandUp Learning without written permission from HandUp Learning. Making unauthorised copies of content found on the Service may result in the termination of your membership and further legal action. If in doubt you should consult email@example.com.
5. Acceptable Use of HandUp Learning
You will be able to access some areas of HandUp Learning without registering as a registered user of the Service (“User”). However, by accessing any part of HandUp Learning you agree to be bound by these Terms.
We reserve the right to restrict access to our website or areas of our website at our discretion; you must not or attempt to circumvent or bypass any access restrictions on our website.
While using our website you must not or attempt to do any of the following:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];
(e) [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];
(f) [violate the directives set out in the robots.txt file for our website]; or
(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].
[additional list items]
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
6. Subscriber Subscription Plans
To register as a Subscriber, you must provide your contact details (including email address), set a secure password, choose a subscription plan (a "Subscription Plan") and pay via credit or debit card. Please note you can only subscribe to our services on our website if you are eligible to enter into a contract and are atleast 18 years old.
The Subscription Plan rate is calculated by subject access and the number of children. For full details visit the pricing page. All prices are expressed inclusive of any VAT payable unless otherwise indicated. These prices may be changed from time to time. Once you have subscribed to a Subscription Plan, this rate will not change unless you change your Subscription Plan (see paragraph 9 for details). We reserve the right to vary the Subscription Plan rates at any time.
7. Subscriber Subscription: Term and payments
All Subscription Plans start with an initial payment and term. This is your "Initial Term". If you choose to pay by credit or debit card, on the date you become a Subscriber your credit/debit card will be charged for your Initial Term. You will also be sent a confirmation by email to your notified email address. You can cancel your Subscription Plan at anytime during or after your Initial Term. After your Initial Term you will be charged monthly, quarterly or yearly (depending on what Subscription Plan you specified) until your membership is cancelled (your "Membership Term"). Your Membership Term begins on the next calendar date after the date on which your Initial Term ends and finishes when your membership is cancelled. All credit/debit card payments are processed by Level 1 PCI compliant payment processing providers. No credit/debit card details are stored by HandUp Learning Limited. If you choose to pay by Direct Debit, on the date you become a Subscriber we will set up your Direct Debit instruction. Your first payment via Direct Debit will be for your Initial Term.
8. Subscriber Trial
Some Subscribers are offered a free trial (the "Trial") to the Service. The Company reserves the right to vary the amount and the Trial length at any time. For the avoidance of doubt, the Trial is the Initial Term for those Subscribers on a Trial. The Trial is available only once to any one person and to only one member of a household. Subsequent trials by the same person at any address or by any other person at the same address are not permitted. During your Trial period if you change your Subscription Plan by adding children to your account or upgrading subject access to the child/children you already have on your Subscription Plan, you will be charged the full rate for these changes.
9. Changing your Subscription Plan
As a Subscriber you may upgrade or downgrade your Subscription Plan at any time. You can upgrade your account by adding children to your account or upgrading subject access to the child/children you already have on your Subscription Plan. Any increase in your Subscription Plan rate resulting from an upgrade will take effect immediately being pro-rated to the remainder of your billing period and amended for your next billing period and will continue thereafter until you change or cancel your Subscription Plan. You can downgrade your account by removing children from your account or downgrading their subject access. Any decrease in your Subscription Plan rate resulting from a downgrade will take affect at your next billing period and will continue thereafter until you change or cancel your Subscription Plan.
10. Ending your Subscription Plan
As a Subscriber you may end your Subscription Plan at anytime. You can cancel your Subscription Plan in your account or by sending us a cancellation request to firstname.lastname@example.org. All cancellation requests must be received by us at least 24 hours prior to the renewal date of your next billing period. We will attempt to process all cancellation requests within 24 hours after we receive the request. If you cancel your membership less than 24 hours prior to the renewal of your Subscription Plan and you are charged for the next membership period, you should contact us at email@example.com. We reserve the right not to make any refund in these circumstances. All cancellation requests must give your first name, last name and HandUp Learning registered email address and inform us of your intention to cancel. We reserve the right not to give refunds for any unused Subscription Plan.
11. Cooling off period
In addition to your right to end your Subscription Plan in accordance with clause 10 of these Terms if you are a consumer in the United Kingdom or any country that is a member of the European Union, you have a legal right to cancel your Subscription Plan under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 at any time until the expiry of the fourteenth (14th) day from the date of payment for the Initial Term without giving any reason. To exercise this right you must inform us of your decision to cancel by a clear statement setting out your decision. In the event of cancellation in accordance with this clause before you have commenced use of the Service, you will receive a full refund of the price you have paid for the Initial Term. In the event that you cancel in accordance with this clause once you have commenced use of the Service, you agree that we have the right to deduct our reasonable charges from any refund. If the reasonable charges exceed the price you paid for the Initial Term you will not be eligible for a refund. Reasonable charges include costs associated with setting up and administering your account. We will process the refund as soon as possible and, in any case, within fourteen (14) days of the day on which you gave us notice of cancellation. Cancellation may be made by emailing us at firstname.lastname@example.org or by sending us the cancellation form available at email@example.com.
12. Changes to Terms and Conditions
We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your use of the Service will be the version that is current and displayed on this website as at each date you access this website (or any other website operated by HandUp Learning Limited). Your use of the Service after changes are made means that you agree to be bound by such changes. If you do not wish to accept the new Terms and Conditions you should not continue to use the Service.
13. Privacy and data collection
For the purposes of these Terms and Conditions:
GDPR means the general data protection regulation (EU) 2016/679
14. Password and security
If you register to become a HandUp Learning Member you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur under your password. You can change your password at anytime by logging into your account and selecting change password. If you have any concerns relating to the security of your account please contact us at firstname.lastname@example.org.
16. Excluded services
The Service does not include the provision of computer or other necessary equipment to access the site. To use HandUp Learning you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
17. Availability of HandUp Learning
Although we aim to offer you the best service possible, we can make no promise that HandUp Learning will meet your requirements. We cannot guarantee that the Service will be fault free. If a fault occurs in the service you should report it to email@example.com and we will attempt to correct the fault as soon as we reasonably can. Your access to HandUp Learning may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
18. Cancellation by us
We reserve the right to cancel or restrict your use of the Service at our discretion. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms & Conditions. If we cancel your use of the Service such cancellation would be immediate and without notice.
19. Disclaimer of Warranties and Limitations on Liability
19.1 Nothing in this clause 20 (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit the Company`s liability for:
• death or personal injury caused by its negligence (including negligence as defined in s.65 Consumer Rights Act 2015); or
• liability to the extent the same may not be excluded or limited as a matter of law.
19.2 Subject to the provisions of the Consumer Rights Act 2015, the Service and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of the Service and its content. We assume no liability or responsibility for any errors or omissions in the content of the Service; any incompatibility of the Service with any or your equipment, software or telecommunications links; technical complications including errors or interruptions to the Service; unsuitability, unreliability or inaccuracy of HandUp Learning; inadequacy of HandUp Learning to meet your requirements. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. If we are informed of any inaccuracies in the material on HandUp Learning we will attempt to correct the inaccuracies as soon as we reasonably can.
In no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this clause to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Subject to this clause our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the Service shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of your membership in the month preceding any such claim.
20. Entire agreement
21. Third Party websites
As a convenience to HandUp Learning customers, HandUp Learning includes links to other web sites, which are beyond our control. We are not responsible for content on the Internet or World Wide Web pages on any other site or publication outside HandUp Learning.
22. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
23. International Use
HandUp Learning Limited makes no promise that materials on HandUp Learning are appropriate or available for use in locations outside the United Kingdom, and accessing HandUp Learning from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. If you breach these Terms and HandUp Learning Limited ignores this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms. HandUp Learning Limited shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our control but we will seek to advise you as soon as reasonably practicable. Therefore, we will not be liable for any failure which we could not reasonably avoid. This does not affect your rights under clauses 7, 9, 10 and 11. A person who is not a party to these Terms shall have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party, which exists or is available apart from that Act.
If you have any queries or complaints please contact Customer Services by email at firstname.lastname@example.org.