In this Agreement the following words and expressions shall have the following meanings:-
"Product" means any intangible digital product or service sold and delivered by "mr-mathematics" in the form of a one-off payment.
"Store" means any web based service operated by "mr-mathematics.com website" for the purposes of marketing and retailing digital goods.
"Customer" means you the person or institution purchasing "Product" from "Mr-mathematics.com"
"Author" means the person that has the Intellectual Property rights or rights to sell the "Product" via the "Store"
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
These Conditions of Sale govern the sale of "Product" by "Mr-mathematics.com" to the "Customer".
When you purchase "Product" from "Mr-mathematics.com" via any of our "Store" you will be required to click the "I Agree" tick box to complete the order. By clicking the "I Agree" tick box you are accepting these terms and conditions of sale. The contract for the purchase of any "Product" will be between the "Customer" and "Mr-mathematics.com" and will only be formed when "Mr-mathematics.com" make the "Product" available for download or provide access to a membership service, and we have received payment in full for the "Product". Until we make the "Product" available for download or provide access to a membership service and receive payment in full there is no contract between the "Customer" and "Mr-mathematics.com" for the "Product". "Mr-mathematics.com" reserves the right, at our sole discretion to reject any order we receive. By placing an order with "Mr-mathematics.com" you agree you are:-
By purchasing "Product" from "Mr-mathematics.com" who are based in the UK the "Customer" if also based in the UK is bound by the UK Consumer Contracts Regulations. By downloading any "Product" from "Mr-mathematics.com" the "Customer" is waiving their rights to the 14 day cooling-off period. If a UK based "Customer" wishes to retain their 14 day cooling-off period they must follow the link presented in the order process entitled 'I wish to accept my 14 days cooling off period.' Accepting the 14 day cooling off period for Product means the "Customer" will not be able to download their "Product" until the cooling off period has expired.
All sales of "Product" are final. Refunds for any "Product" sold by "Mr-mathematics.com" will only be considered for a refund if any of the following conditions apply:-
All refunds will only be issued to the transaction ID related to the sale of the "Product".
Free Trial Membership
The Free Trial GCSE Membership is available as a one time only purchase to each person and/or registered customer. The “Customer” acknowledges that they are solely responsible for providing accurate contact details including their email address and phone number. Should the "Customer" fail to provide accurate contact details the Free Trial Membership will be cancelled. Should the "Customer" register for more than one Free Trial Membership over any period all Free Trial Memberships will be cancelled with immediate effect.
Membership sold via a yearly payment can be cancelled at anytime by emailing firstname.lastname@example.org and stating the date from which you wish you cancel your membership. Mr-mathematics.com will not provide the "Customer" with a refund for a cancellation that is part-way through a billing period. The GCSE Membership product covers all the lessons within the GCSE Foundation and Higher course as specified in the product description. Key stage 3 lessons, as identified in the product description are not included in the GCSE membership but maybe downloaded as and when they become available.
3.1. The “Organisation” and/or “Customer” is responsible for the selection of the Product it purchases and whether the Product meets its and its Authorised Users requirements.
3.2. You agree not to make available the “Organisation” and/or “Customer” username and/or password to anyone. If there has been a disclosure of “Organisation” and/or “Customer” username and/or password, You agree to notify us promptly of such disclosure, so that we can take appropriate security measures.
3.3. You undertake not to upload any User Materials onto the “Store” or send and/or transmit to other Authorised Users, any content which is illegal, obscene, threatening, defamatory, discriminatory, promote illegal or unlawful activity, or be otherwise actionable or in violation of any rules, Intellectual Property Rights, regulations or laws to which such content is subject.
3.4. You are solely responsible for the accuracy, legality, and compliance with the relevant laws and regulations in respect of the content which You send to other Authorised Users and/or the User Materials that You upload onto the "Store". You acknowledge that we do not operate or exercise control over, and accepts no responsibility for the User Materials which You upload onto mr-mathematics.com or transfer through mr-mathematics.com.
4.5. If we suspect that a breach of Clauses 4.3, 4.4, 4.8, 4.10 and 8.3 have occurred or is likely to occur, we may, without giving notice and liability to You, remove Your User Materials and/or suspend Your access to mr-mathematics.com and/or the Product.
4.6. The “Customer” acknowledges that they are solely responsible for the appropriate use and adaptation of the Product for the use by their student users.
4.7. The “Customer” will promptly notify us of any errors or inaccuracies which relate to the Product. In this regards, please contact us using the email address email@example.com.
4.8. You must not spam, download or upload excessive volume of content onto the “Store” such that it may impair the performance of mr-mathematics.com. The “Customer” must not introduce any malicious codes or harmful element e.g. virus and Trojans onto mr-mathematics.com.
4.9. Unless otherwise agreed in writing by mr-mathematics.com, The “Customer” is solely responsible for configuring their computer devices in order to access mr-mathematics.com and the Product, and to provide for “Customer”’s own virus protection software.
4.10. You warrant that any Personal Data which you the “Customer” provides to the “Store” complies fully with all relevant data protection laws including the Data Protection Act 1998 and agree to indemnify and keep mr-mathematics.com indemnified against breach by you of such data protection laws.
4.11. The Organisation agrees to indemnify and keep us indemnified for any losses, damages, fines arising from or which are connected to any breach by it and/or its Authorised Users of Clauses 4.3, 4.4, 4.8, 4.10 and 8.3.
4.1. We will:
4.1.1 use all reasonable endeavours to ensure that the Product and User Materials are accessible on mr-mathematics.com;
4.1.2 provide the “Customer” and its authorised users with general login credentials.
4.1.3 (if we have agreed to do so in writing) provide “Customer” with training and help notes on how to use mr-mathematics.com; and
4.1.4 in some instances, allow You to upload User Materials onto mr-mathematics.com in respect of the Product during the relevant Licence Period.
The price of any "Product" will be as quoted on the "Store" at the then current time, except in the case of obvious error. The "Customer" agrees they may have to provide their country of residence during the order process for the purposes of calculating the correct amount of VAT to apply to the order. We will not accept any offers for "Product" other than at the then current price. Payment for all "Product" is processed securely by various third party payment gateway services and will be handled in the currency advertised on the "Store".
"Product" are delivered to the "Customer" by a choice of methods:-
In order for the "Customer" to access the "Product" the "Customer" is required to have:-
In the process of purchasing "Product" from "Mr-mathematics.com" the "Customer" email address will be subscribed to the "Mr-mathematics.com" general email list. "Mr-mathematics.com" also passes on the "Customer" email address to its "Author"'s own email lists if they have asked "Mr-mathematics.com" to do this on their behalf. Both subscriptions are opt-in meaning the "Customer" will receive an opt-in email after the sale asking then to opt-in to receive future promotional emails. "Mr-mathematics.com" also use the "Customer" email address to issue a one time 'Order Receipt' email to upon receipt of a successful order.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
To protect your privacy we will not distribute any of your details to third parties other than as already described in section 6 of the Conditions of Sale, unless required to do so by law. "Mr-mathematics.com" is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the "Store", then you can be assured that it will only be used in accordance with this privacy statement. "Mr-mathematics.com" may change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
- What we collect and how we use the data
We will collect the following information when you purchase "Product" from the "Store":-
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect and deliver online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, cookies allow web applications to respond to you as an individual. "Mr-mathematics.com" ustilises cookies for the following purposes:-
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