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Terms and Conditions

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website www.katiesclassroom.com (our site) or any of our apps. This acceptable use policy applies to all users of, and visitors to, our site or apps.

Your use of our site or apps means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

www.katiesclassroom.com is a site operated by Katie’s Classroom Ltd (we or us).  We are registered in England and Wales under company number 08919382 and we have our registered office at 1 Queen Ethelburgas Gardens, Harrogate, North Yorkshire, HG3 2GF.

Prohibited uses

You may use our site and apps only for lawful purposes.  You may not use our site or apps:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site or apps in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site or apps;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site or apps; or
  • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site or apps, including, without limitation:

  • Chat rooms.
  • Bulletin boards.
  • User reviews. (to the extent relevant).

(interactive services).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site or apps, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site or apps, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site or apps (contributions), and to any interactive services associated with them.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site or apps.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site and apps, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site and apps.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Terms of website and app use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.katiesclassroom.com  (our site) and any of our applications from time to time (apps), whether as a guest or a registered user. Use of our site and apps includes accessing, browsing, downloading or registering to use our site.

Please read these terms of use carefully before you start to use our site or apps, as these will apply to your use of our site and apps. We recommend that you print a copy of this for future reference.

By using our site and apps, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site or apps.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site and apps:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site or apps, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site and apps. When using our site or apps, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

Information about us

www.katiesclassroomcom is a site operated by Katie’s Classroom Ltd (we or us). We are registered in England and Wales under company number 08919382 and have our registered office at 1 Queen Ethelburgas Gardens, Harrogate, North Yorkshire, HG3 2GF.

We are a limited company.

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site and apps

We may update our site and apps from time to time, and may change the content at any time. However, please note that any of the content on our site or apps may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site and apps, or any content on them, will be free from errors or omissions.

Accessing our site and apps

We do not guarantee that our site and apps, or any content on them, will always be available or be uninterrupted. Access to our site and apps is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site or apps without notice. We will not be liable to you if for any reason our site or apps are unavailable at any time or for any period.

We reserve the right suspend or terminate the customer’s access to the site without notice if any breach of these terms of use by you is brought to our attention. Registration may be terminated and your profile and any content or information that you have posted on the Site may be deleted at any time.

You are responsible for making all arrangements necessary for you to have access to our site and apps.

You are also responsible for ensuring that all persons who access our site and apps through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

We have the right to deactivate user accounts and user names that have been inactive for more than 180 consecutive calendar days.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@katiesclassroom.com

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site and apps, and in the material published on or in them.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site or apps for your personal use and you may draw the attention of others within your organisation to content posted on our site or in our apps.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site or in our apps must always be acknowledged.

You must not use any part of the content on our site or in our apps for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site or apps in breach of these terms of use, your right to use our site and apps will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information and content on the site

We provide online video tutorials to children aged between 5 and 11 years old. The video tutorials are designed as a complement to regular school attendance and homework and are not in any way designed as a substitute for school attendance or homework. The tutorials are tailored to the National Curriculum and ISEB syllabus as of March 2016. We do not guarantee that the site will at all times be up-to-date with the National Curriculum

We cannot guarantee and do not promise any specific results for the user from use of the site. Users of the site are not guaranteed to make progress at school or pass any exams and are not guaranteed to get into their school of choice as a result of using the site. The methods used on our site may not be accurate or fall in line with any user’s learning preferences or any user’s school curriculum. We do not guarantee that your use of the site will be supported by your child’s teacher or  their school.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site or apps; or
  • use of or reliance on any content displayed on our site or in our apps.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site and apps for domestic and private use. You agree not to use our site or apps for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or apps or to your downloading of any content on them, or on any website linked to them.

We assume no responsibility for the content of websites or apps linked on our site or our apps. Such links should not be interpreted as endorsement by us of those linked websites or apps. We will not be liable for any loss or damage that may arise from your use of them.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site or apps, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site or apps.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

Viruses

We do not guarantee that our site or apps will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site and apps. You should use your own virus protection software.

You must not misuse our site or apps by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site or apps, the server on which our site is stored or any server, computer or database connected to our site or apps. You must not attack our site or apps via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site and apps will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site or in our apps other than that set out above, please contact info@katiesclassroom.com

Third party links and resources in our site and apps

Where our site or apps contain links to other sites, apps and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites, apps or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Changes to the terms of website use policy

We may revise this terms of website use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this terms of website use policy may also be superseded by provisions or notices published elsewhere on our site.

Contact us

To contact us, please email info@katiesclassroom.com

Thank you for visiting our site.

Cookie Policy

Our website www.katiesclassroom.com (our site) uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our site. They include, for example, cookies that enable you to log into secure areas of our site, use a shopping cart or make use of e-billing services.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies. These cookies record your visit to our site, the pages you have visited and the links you have followed. We will use this information to make our site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

We may revise this use of cookie policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this use of cookie policy may also be superseded by provisions or notices published elsewhere on our site.

Privacy Policy

Katie’s Classroom Ltd (“We“) are committed to protecting and respecting your privacy.

This policy (together with our terms of use) and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.katiesclassroom.com or downloading any of our apps you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Katie’s Classroom Limited whose registered office is at 1 Queen Ethelburgas Gardens, Harrogate, North Yorkshire, HG3 2GF.

Information we may collect from you

We may collect and process the following data about you:

  • Information you give us. You may give us information about you by filling in forms on our site www.katiesclassroom.com (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to access certain pages on our site, search for a product or use our applications from time to time (apps), place an order on or via our site (to the extent applicable), participate in discussion boards or other social media functions on our site or app (to the extent applicable), enter a competition, promotion or survey and when you report a problem with our site or any of our apps. The information you give us may include your name, age, address, e-mail address and phone number, financial and credit card information and personal description and photograph.
  • Information we collect about you. With regard to each of your visits to our site, or use of one of our apps (including on third-party sites or platforms, or when you link your profile on a third-party site or platform with your app registration account), we may automatically collect the following information:
  • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

Cookies

Our site and apps use cookies to distinguish you from other users of our site and apps. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site and apps. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy.

Uses made of the information

We use information held about you in the following ways:

  • Information you give to us. We will use this information:
  • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
  • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
  • to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please confirm / tick the relevant box situated on the form on which we collect your data (the registration form);
  • to notify you about changes to our service; and
  • to ensure that content from our site and apps is presented in the most effective manner for you and for your computer.
  • Information we collect about you. We will use this information:
  • to administer our site and apps, and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve our site and apps to ensure that content is presented in the most effective manner for you and for your computer;
  • to allow you to participate in interactive features of our site and apps, when you choose to do so;
  • as part of our efforts to keep our site and apps safe and secure;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
  • to make suggestions and recommendations to you and other users of our site and apps about goods or services that may interest you or them.
  • Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive.

Disclosure of your information

We may share your information with selected third parties including:

  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with you.
  • Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.  We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
  • Analytics and search engine providers that assist us in the improvement and optimisation of our site and apps.

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If Katie’s Classroom Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Katie’s Classroom Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site and apps; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.  You can also exercise the right at any time by contacting us at info@katiesclassroom.com.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@katiesclassroom.com.

Terms and Conditions

March 2016

These are the standard terms of business for the provision of Consultancy Services by Katie’s Classroom Limited, a company incorporated in England and Wales (registered no. 08919382) whose registered office is at 1 Queen Ethelburgas Gardens, Harrogate, North Yorkshire, HG3 2GF (“Katie’s Classroom”).

Katie’s Classroom reserves the right to change these terms of business at any time without prior notice to you, so please check them regularly.

  1. Definitions
    “Agreement”

    means the Katie’s Classroom Terms and any annexures or schedules to them;

    “Acceptance”

    means acceptance by the Customer of the Agreement, which acceptance shall be given electronically on the Website;

    “Automatic Payment Arrangements”

    means such arrangements as Katie’s Classroom requires from time to time for the automatic deduction of the Subscription Fee from a bank account selected for the purpose by the Customer;

    “Billing Date”

    means:

    1. where the Customer elects to pay the Subscription Fee monthly, the same day of the month as the first payment of the Subscription Fee or the first Business Day thereafter; or
    1. where the Customer elects to pay the Subscription Fee annually, the anniversary of the date of first payment of the Subscription Fee, or the first Business Day thereafter;
    “Business Day”

    means a day (not being a Saturday or Sunday) on which banks are open for general banking business in the City of London;

    “Customer”

    or “you” means the person contracting with Katie’s Classroom for the provision of consultancy services and, where the context requires, will mean the child for whose benefit you have procured the Services;

    “Full Services”

    means the Services other than the Free Trial Services which include:

    • access to all year groups and all subjects available;
    • access to all video tutorials;
    • the full complement of worksheets and the accompanying answer sheets;
    • access to all ‘whiteboard style’ lesson summary tutorials to help consolidate learning and practise skills taught; and
    • access to any new worksheets or tutorials as they are updated.
    “Free Trial Services”

    means the services described in the Terms of Engagement as the “Free Trial Services;

    “Katie’s Classroom”

    has the meaning set out above;

    “Katie’s Classroom Terms”

    means these terms of business as amended by Katie’s Classroom from time to time;

    “Services”

    means the Free Trial Services or the Full Services, as the case may be;

    “Subscription Fee”

    means the fee paid by the Customer to Katie’s Classroom for the Full Services, as set out in clause 3;

    “Termination Notice”

    means written notice, in a form acceptable to Katie’s Classroom, which shall include notice given electronically, by which the Customer notifies Katie’s Classroom of its wish to cease receiving the Full Services;

    “Website”

    means www.katiesclassroom.com or any alternative or additional website through which the Services are provided.

  2. The Services
    1. Katie’s Classroom will provide the Services to the Customer on, and subject to, the Agreement.
    2. Katie’s Classroom will provide the Free Trial Services from the date of Acceptance until such date as:
      1. (a) the Customer ceases to use the Free Trial Services; or
      2. (b) Katie’s Classroom receives notice, in a form acceptable to Katie’s Classroom (which shall include notice given electronically), that the Customer wishes to upgrade from the Free Trial Services to the Full Services.
    3. Following receipt of the notice in terms of clause 2.2 and subject to the Customer having put in place Automatic Payment Arrangements, Katie’s Classroom will provide of the Full Services until such date as:
      1. (a) the Contract is terminated in terms of clause 6; or
      2. (b) Katie’s Classroom receives a Termination Notice, following which the Customer will, from what would have been the next Billing Date, receive the Free Trial Services only.
    4. Katie’s Classroom shall provide the Services using reasonable skill and care.
    5. In providing the Services, Katie’s Classroom will tailor its advice to the Customer based on the information provided. To the extent that the information provided is inaccurate or incomplete, this may prevent Katie’s Classroom from performing the Services to the standard set out in this Contract. Katie’s Classroom will not be responsible for any consequences flowing from the provision of inaccurate or incomplete information by the Customer.
  3. Fees
    1. The Free Trial Services are free of charge.
    2. The Subscription Fee is, subject to clause 3.3, the following:
      1. (a) £10 per month, inclusive of VAT;
      2. (b) £99 per annum, inclusive of VAT.
    3. Katie’s Classroom reserves the right to revise the Subscription Fee, from time to time, on one month’s written notice to the Customer.
    4. The Customer will, on giving the Subscription Notice, elect whether to pay the Subscription Fee annually or monthly.
    5. The Subscription Fee will be deducted automatically, by means of the Automatic Payment Method, on each Billing Date.
    6. Where the Subscription Fee is not deducted on any Billing Date (for example, but not exclusively, where the Customer has terminated the Automatic Payment Method):
      1. Katie’s Classroom shall notify the Customer that the Subscription Fee has not been received;
      2. Katie’s Classroom may suspend the provision of the Services (other than the Free Trial Services) with immediate effect until such date as the Customer shall have paid the Subscription Fee; and 
      3. the Agreement will terminate where the Subscription Fee has not been received within 30 days of the date of the notice in clause 3.6.1.
    7. The Customer acknowledges and agrees that where he/she submits a Termination Notice, the Subscription Fees will cease only on what would be the next Billing Date and that there will be no refund of Subscription Fees already paid where either such notice is given.   
  4. Copyright
    1. Other than in respect of information that the Customer has supplied to Katie’s Classroom, Katie’s Classroom shall, as between Katie’s Classroom and the Customer, own all copyright and any other intellectual property rights throughout the world subsisting in the contents of this Agreement and in all work produced by Katie’s Classroom in the course of provision of the Services in whatever form or media (including, without limitation, the content of the Website) (“Work“).
    2. The Customer agrees that he/she may not copy or amend the Work or do or authorise any other act that may infringe or devalue Katie’s Classroom’s copyright or other intellectual property rights.
    3. This Clause 4 survives the termination of the Agreement.
  5. Confidentiality and data protection
    1. Both during and after the provision of the Services, both parties shall keep confidential any information of the other party that is obtained in connection with the provision of the Services and that is clearly designated as ‘confidential’ or that is by its nature clearly confidential. Neither party shall use such information except in connection with the Services nor divulge it to any third party without the prior written permission of the other party.
    2. The provisions of this clause 5 shall not apply to any information disclosed by a party (“Disclosing Party“) that:
      1. is in, or comes into, the public domain (except as a result of a breach of these Katie’s Classroom Terms);
      2. was already in the possession of the Disclosing Party at the time of its receipt from the other party;
      3. is received by the Disclosing Party from a third party who was not under a legal obligation of confidentiality with respect to it;
        or
      4. is required by law to be disclosed by the Disclosing Party.
    3. Katie’s Classroom shall observe the requirements of the Data Protection Act 1998 and any other applicable data privacy legislation in relation to information regarding identifiable living individuals.
    4. This clause 5 survives the termination of the Agreement.
  6. Terms and termination
    1. The Contract will commence on the date of Acceptance and shall continue in full force and effect until:
      1. where the Customer was not receiving the Full Services, the date on which the Customer ceases to use the Services;
      2. where the Customer was receiving the Full Services, what would be the next Billing Date following receipt by Katie’s Classroom of a Termination Notice; or
      3. the date specified in clause 3.6.3 in the circumstances set out in that sub-clause.
    2. On termination, Katie’s Classroom shall be entitled to be paid all Subscription Fees, and expenses incurred or accrued and payable by the Customer as at the date of termination of the Services.
    3. Clauses 1, 4, 5, 6, 7 and 11 shall survive expiry or termination of this Agreement howsoever caused and shall remain thereafter in full force and effect after termination.
  7. Limitation on liability
    1. Subject to Clause 7.2, Katie’s Classroom’s liability arising under or as a result of the provision of the Services whether in contract, tort, breach of statutory duty or otherwise is limited to, and under no circumstances shall exceed, the Subscription Fees actually paid by the Customer to Katie’s Classroom for such Services.
    2. Katie’s Classroom will not be liable for any indirect or consequential loss, loss of business, profit, revenue, data or goodwill, nor for lost or wasted management time or employee time of the Customer.
    3. Any condition, representation or warranty that might otherwise be implied or incorporated within this Agreement by reason of statute or common law or otherwise is hereby expressly excluded.
  8. Force majeure 
    1. Katie’s Classroom has no liability to the Customer if Katie’s Classroom is unable to provide all or a part of the Services in accordance with the Agreement or otherwise as a result of circumstances beyond Katie’s Classroom’s reasonable control, including without limitation, war, strike, lockout, industrial disputes, riot, civil commotion, acts of Government, fire, blockade, accident, natural catastrophe, disaster.
  9. Waiver
    1. No delay, neglect or forbearance by either party in enforcing any provision of the Agreement shall be deemed to be a waiver or in any way prejudice any rights of that party.
  10. Rights of third parties
    1. Nothing in the Agreement confers or purports to confer on any third party any right to enforce any of the terms of the Agreement.
  11. Governing law and jurisdiction
    1. The Agreement is governed by and construed in accordance with the laws of England, and is subject to the exclusive jurisdiction of the English courts.
  12. Entire agreement
    1. This Agreement constitutes the entire agreement between Katie’s Classroom and the Customer in relation to the Services, and supersede all earlier communications and shall not be modified in any way by any subsequent document, other than an amendment in terms of clause 12.2. Each party acknowledges that he/she has not relied on any commitment, representation or warranty in entering into the Agreement, other than those expressly set out in the Agreement.
    2. Katie’s Classroom may amend the Agreement at any time and shall not be required to obtain the consent of, consult with or notify the Customer of any such amendment provided that he/she must detail the amendment, and draw attention to it, on the Website for a reasonable period after the amendment has been made.