PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. USE OF THIS WEBSITE IS ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Use of this website creates a legally binding agreement between:
- The Primary School Homework Book Company Limited (Company No. 5244924) whose registered office is at 666 Kenton Road , Harrow, HA3 9QN , (the "Company”, "We", "Us", "Our"); and
- You, the user of Our Website both in Your personal capacity and, where You may be acting on behalf of Your educational establishment in Your use of Our Website, the educational establishment which You represent ("You" or "Your").
These Terms and Conditions set out that:
(All defined terms in these numbered paragraphs are defined under Section 1 (Definitions) below.)
- You have a licence to use Our website and this licence is non-exclusive and non-transferable.
- Any products on Our Website are advertised for sale by The Primary School Homework Book Co Ltd (the " Company ") for purchase by educational establishments only. Any contract, which You enter into, on behalf of Your educational establishment, by ordering any advertised Products will be a contract with the Company. The Terms and Conditions of Sale relating to all Products are available by clicking here . Please verify these Terms and Conditions of Sale with Your educational establishment before You send an order to Us as they will set out Your educational establishment's rights against the Company in respect of any Product that You may purchase.
- Your use of Our Website is subject to Your acceptance of these Terms and Conditions and Our Privacy Policy.
- The use of Our Website is governed by the laws of England and Wales.
1. DEFINITIONS
These words have the following meaning (where they have a capitalised first letter) in these terms and conditions:
" Agreement " means the provisions of these Terms and Conditions.
" Confidential Information " means all information relating to the affairs, business, service, product or plans of Us or You but not including information already lawfully known to the receiving or acquiring party, or information already in the public domain.
" Links " mean hypertext, text, banner, logo and contextual links (" Graphic Image ") which permit You to go from Our Website to another company's website or from another company's website to Our Website or any other website by clicking on the Graphic Image. "Linking Sites" mean any websites which contain Links to Our Website.
" Intellectual Property Rights " means all intellectual property rights, including but not limited to the following rights (a) patents, copyright (including without limitation the "look & feel" of Our Website), circuit topography rights, registered designs and unregistered design rights, database rights (including rights of extraction), trade marks and service marks; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a).
"Internet" refers to the global information system that (a) is logically linked together by a globally unique address space based on the Internet Protocol ("IP") or its subsequent extensions or follow-ons; (b) is able to support communications using the "Transmission Control Protocol" / IP suite or its subsequent extensions or follow-ons, and / or other IP-compatible protocols; and (c) provides, uses or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure.
" Order Form " means the order form on Our Website which can be downloaded and/or printed off and which allows You to place an order for any Products for and on behalf of Your educational establishment.
" Products " means all goods and services promoted from Our Website from time to time.
" Our Website " means the entire content of the Website at http://www.workabook.co.uk or any replacement or successor URL (but excluding any Linking Sites).
" Terms and Conditions of Sale " means such terms and conditions governing the sale of Products to Your educational establishment by Us.
" World Wide Web " is an Internet information browsing service based on hypertext documents with Links to still and motion images, audio, animation, and 3 dimensional images.
" Your Information " means any information that We may collect from You or about You and/or Your educational establishment, as the case may be, through Your use of Our Website.
2. LEGALLY BINDING TERMS AND CONDITIONS
Your use of Our Website may be subject to restrictions imposed by law. You must comply with these laws as it is not possible for Us to comply with them on Your behalf.
We may change these Terms and Conditions at any time by publishing, on Our home page, a new version on Our Website. Your use of Our Website will, from that point on, be governed by the new version. If You do not wish to accept any new version of Our Terms and Conditions then You should not continue to use Our Website.
3. BASIS OF USE
We license You to use Our Website provided that:
- You are over 18;
- You have read and You understand and accept these Terms and Conditions;
- Any login ID or password used by You to access any secure part of Our Website including the Customer Download section, is only used in accordance with these Terms and Conditions; and
- Your use of Our Website is for business purposes only (i.e. You are not acting as a consumer) and in accordance with these Terms and Conditions.
You may not use, or permit the use of, Our Website in any other circumstances.
Your licence to use Our Website under this clause extends to Your temporary use of any material downloaded from Our Website to a personal computer operated by You unless We notify You otherwise at the time of download. Other than in respect of any materials downloaded from Our "Customer Downloads" section, this licence to download does not extend to incorporating the material downloaded into any other work or publication, whether in hardcopy or electronic or other form, or to disseminating or disclosing the downloaded material to others.
Other than in respect of downloading the Order Form and the materials contained in Our "Customer Downloads" section of Our Website, You may not use, distribute or copy any part of Our Website for any business or commercial purpose unless We agree to such use in advance.
We may withdraw Your licence to use any part of Our Website at any time for any reason.
4. CONSEQUENCES OF USING OUR WEBSITE
Our Website is designed to allow You to view the Products from Our Website and print off the Order Form to enable You to order Products from Us by post or fax.
By accessing Our Website, You are making an offer to Us to use Our Website in accordance with these Terms and Conditions. We do not have to accept Your offer to use Our Website and may deny You access to any or all of Our Website for any reason.
You do not have any contractual relationship with Us governing Your use of Our Website except for these Terms and Conditions.
If You purchase, on behalf of Your educational establishment, any Product from Us, Your educational establishment's contract of purchase with Us for that Product is governed by the Terms and Conditions of Sale. You should verify the Terms and Conditions of Sale with Your educational establishment before You send Your order to us in order to ensure that such Terms and Conditions of Sale are acceptable to Your educational establishment.
5. PROVISION OF OUR WEBSITE
We can change any of Our Website at any time for any reason.
You must install and obtain licences for any hardware or software that You need in order to make use of Our Website.
6. ACCESS TO OUR WEBSITE
We have no control over the World Wide Web and You agree therefore that We are not responsible for the operation or the level of performance of any Link, the Internet, the World Wide Web, for any telephone charges and/or other costs that You may incur in accessing and using Our Website.
7. INTELLECTUAL PROPERTY RIGHTS
We either own or are licensed to use the Intellectual Property Rights contained in Our Website and its contents including without limitation all materials contained in Our "Customer Downloads" section. You may retrieve and display the contents of Our Website on a computer screen or print the Order Form and any materials in the "Customer Downloads" section of Our Website. Otherwise, You may not copy, download, distribute or publish the content otherwise than in accordance with these Terms and Conditions except with Our prior written consent.
8. CONFIDENTIAL INFORMATION & PRIVACY POLICY
You consent to Our use, transfer and disclosure of Your Information in accordance with Our Privacy Policy by using Our Website. To view Our Privacy Policy, click here
You must not disclose Our Confidential Information to any person.
9. LIABILITY AND WARRANTIES
The limitations and exclusions on Our liability described in this clause 9 do not apply:
- in the case of death or personal injury caused by Our negligence;
- for fraud including without limitation fraudulent misrepresentation.
We accept no liability for Your use of Our Website other than as set out in these Terms and Conditions. We shall not be liable to You under contract, negligence or otherwise for any special loss including direct loss of profits nor for any indirect or consequential damages (including indirect loss of profits, business interruption, loss of sales, loss of turnover, loss of anticipated savings, loss of data and/or loss or inaccuracy of information other than fraud including without limitation, fraudulent misrepresentation) even if the loss was reasonably foreseeable or where You had advised Us of the possibility of such loss.
In addition to Our liability to You where You purchase any Products pursuant to the Terms and Conditions of Sale, You and We agree that Our total liability to You in respect of use of Our Website shall be limited to £2,000.00 regardless of whether such liability arises in contract, negligence, tort or otherwise.
We do not have any control over any Linking Sites. All Linking Sites are separate and distinct from Our Website and We do not accept any liability in respect of Your use of any Linking Sites. Any content on any Linking Site is not Our responsibility and any representation on a Linking Site is not Our representation.
We do not in any way endorse any website, promotion, product or service which may be linked to or viewed via a link from Our Website either as a Link or as any other hypertext link;
Other than as set out in these Terms and Conditions, We make no warranties or representations to You:
- that any email We send to You will reach its destination or that it will be private and secure during Internet transmission;
- about any Linking Sites; or
- as to the availability of Our Website, and We exclude (to the fullest extent permitted by law) all implied terms, warranties and representations in connection with this Agreement.
We cannot control the compatibility of Our Website with any of Your equipment, software or telecommunications links. Accordingly, You release Us, Our agents and employees from all liability (to the fullest extent permitted by law) arising out of or in connection with the compatibility of Our Website with any of Your equipment, software or telecommunications links.
These Terms and Conditions form the entire agreement between Us and You in respect of Your permission to use Our Website. We are not liable for any warranty that We make to You, even if You rely on it, unless such warranty is expressly contained in these Terms and Conditions or We gave such warranty fraudulently. In all other circumstances, and to the extent permitted by law, We will not be liable to You for damages arising from Your use of Our Website.
10. LOGIN ID AND PASSWORDS
If You purchase any Products from Us and are a senior adviser to any Local Education Authorities and/or Diocesan Boards of Education and/or a head teacher, school bursar, school administration officer or a member of senior management of Your educational establishment (the " Authorised Persons "), You may register Your educational establishment with Our Website using a login ID and password.
We may withdraw Your login ID and/or password, or issue You with a new login ID and/or password at any time without notice. You must keep any login ID or password confidential and must not disclose it to anyone other than to the Authorised Persons of Your educational establishment when and if required. Please note that Your educational establishment will be responsible for all orders and activities that occur or are submitted using the login ID and password which We provide to You. If You believe that someone else, other than the Authorised Persons of Your educational establishment, knows Your login ID or password then You must let us know immediately.
11. MISUSE OF FACILITIES
You must not use, or permit the use by any other person of, Our Website or the facilities of any third party:
12. INDEMNITY
- in any way which is defamatory, offensive, abusive, indecent, obscene or menacing;
- in any way which breaches Our or any other person's Intellectual Property Rights or any obligations of confidence;
- in any way which is illegal or unlawful;
- to introduce a virus, trojan horse, worm, trap door, back door or other disruptive program;
- in any way which is not authorised by Us and/or which is in breach of these Terms and Conditions.
You agree to indemnify Us (subject to any restrictions imposed by law) from and against all costs, losses, claims, damages, expenses or proceedings suffered or incurred by Us arising out of or in connection with:
13. TERMINATION
- breach of these Terms and Conditions by You;
- breach by You of any law or legislation.
We may terminate Your licence to use Our Website at any time without notice for any reason. Any termination that occurs does not affect any rights that had accrued to either You or Us prior to termination.
14. ASSIGNMENT
We may assign and/or transfer Our rights and obligations under these Terms and Conditions to any person. You may not assign and/or otherwise transfer any of Your rights and obligations under these Terms and Conditions other than to another Authorised User who represents Your educational establishment. You shall ensure that any such assignee and/or transferee is aware of and agrees to be bound by these Terms and Conditions.
15. THIRD PARTY RIGHTS
This Agreement does not create any right or benefit enforceable by any third party within the meaning of the Contracts (Rights of Third Parties) Act 1999 except that any limitation or exclusion of liability in favour of Us, and any indemnity given to Us in this Agreement, is a right or benefit of Our officers, shareholders, employees, agents as if such limitation, exclusion or indemnity had been given directly by You to such third parties.
16. GENERAL
If a provision of these Terms and Conditions is judged to be illegal or unenforceable by a court or any other competent authority, the relevant provision will be deemed to be omitted. The remaining Terms and Conditions will continue unless the substantive purpose of these Terms and Conditions is then not possible.
Any delay by Us in enforcing Our rights against You does not affect Our ability to enforce that right. If We waive any single right against You, it is not a waiver of any other rights that We may have against You.
Neither We nor You shall be responsible for any breach of these Terms and Conditions caused by circumstances that are beyond Our or Your reasonable control.
Any notice to be given under these Terms and Conditions (unless otherwise specified) must be in writing in the English language and be delivered either personally, by registered post or by email to the other party. In the case of post, the notice will be deemed to have been received fourteen working days after the date of posting. The Company’s address for receipt of notices is as follows:
The Primary School Homework Book Company Limited
PO Box 49832
London
NW5 1ZH
Email: info@workabook.co.ukThis Agreement is governed by English law and We and You submit to the exclusive jurisdiction of the English courts.