Terms and conditions
- Definitions and Interpretation
- Rights in the Site; Characteristics of the Content
- Your right to use Free Content
- Your right to use Chargeable Content
- Intellectual Property Rights not Owned by Us
- Links to Other Sites
- Links to our Site
- Acceptable Use of Communication (including the Forum)
- Subscriptions, Charges and Cancellation
- How We Use Your Personal Information (Data Protection)
- Availability of the Site and Modifications
- Limitation of Liability
- Changes to T&C
- No Waiver
- Other Terms not applicable
- Third Party Rights
- Affiliate Programmes
- Governing law, jurisdiction, complaints and codes
Please make sure that the following terms contain everything that you want in relation to TheSchoolRun service, and nothing that you are not willing to agree to. If you are unsure about any of this, please email us at [email protected]. Your attention is drawn in particular to the auto-renewing nature of subscriptions, including after the 14-day trial period subscription (see Clause 10.2). If you do not want your subscription to continue at the end of your subscription period, email [email protected] to let us know before the date that your next subscription payment is due. You attention is also drawn to our limitation of our liability to you (see Clause 16).
This agreement applies as between you, the User of this Site and Jade Creative Ltd, the owner(s) of this Site. Your agreement to comply with and be bound by these T&C (referred to as “T&C” in this document) is deemed to occur upon your first use of the Site. Clauses 4, 10 and the relevant sub-Clauses of 11 apply only to Chargeable Content and subscriptions. If you do not agree to be bound by these T&C, you should stop using the Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Acceptable Use Policy” means our Acceptable Use Policy which you are obliged to observe in your use of the Site, including the Forum;
“Account” means collectively the personal information, payment information and credentials used by Users to access Chargeable Content and / or the Forum on the Site;
“Chargeable Content” means Content accessible only upon the creation of an Account and the payment of a Subscription Fee, or of the fee for Content as listed in TheSchoolRun Shop;
“Content Item Fee” means a charge in respect of an item of Chargeable Content in TheSchoolRun Shop;
“Content” means any written resources, text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that is hosted on and is part of this Site (but not including anything on other sites which is linked to from the Site, for example YouTube videos);
“Free Content” means any Content that is accessible without the payment of a Subscription Fee or a per item charge from TheSchoolRun Shop;
“Learning Establishment” means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;
“Site” means the website that you are currently using (www.theschoolrun.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions;
“Subscription Fee” means the sum of money paid by Users at regular intervals to keep their Account active and to enable them to access Chargeable Content;
“Subscription Period” means the period for which a subscription has been purchased and may refer to 14 days, 6 months, 12 months, or 7 years accordingly;
“The Forum” means any online communications infrastructure that TheSchoolRun makes available through the Site either now or in the future. This includes, but is not limited to, web-based email, forums, live chat facilities and email links;
“The Service” means collectively any online facilities, tools, services or information that TheSchoolRun makes available through the Site either now or in the future;
“User” / “Users” means any person that accesses the Site and is not employed by TheSchoolRun and acting in the course of their employment; and
“We/Us/Our/TheSchoolRun” means Jade Creative Ltd, a company registered in England under Company Registration No. 7940541, whose registered address is Pound House, 62a Highgate High Street, London, N6 5HX (no post accepted at this address). Tel. 020 8798 0831 to request a call back (queries relating to an order will be charged at no more than the normal UK inland rate).
Rights in the Site; Characteristics of the Content
- Subject to the exceptions in Clause 5 of these T&C, all Content included on the Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of TheSchoolRun or its licensors. By continuing to use the Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
- The Content’s functionality enables downloading and completion online of educational resources.
- In order to enjoy the Content you will need the latest version of Adobe Reader and the latest version of your browser. Some of the Flash-enabled Content will not function on a mobile device.
- You may print off copies or download extracts of any page(s) from the site for your personal reference and for use in your household only. If you are a teacher or tutor you may also print off copies for the purposes of distribution of them, without modification, to your pupils.
- You must not modify any materials you have printed off or downloaded in any way.
- You must not use any illustrations, photographs, video or audio sequences or any graphics in the Content separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
- We aim to update the site regularly, and may change the Content at any time. If the need arises, we may suspend access to the Site or the Content or close the Site indefinitely. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material.
Your right to use Free Content
You may print, reproduce, copy, distribute printed copies, store or in any other fashion re-use Free Content from the Site. This must be for personal or educational purposes only, unless otherwise indicated on the Site or unless given Our express written permission for any additional purposes. Specifically you agree that:
- You will not use the Free Content of the Site for commercial purposes unless given Our express written permission to do so.
- You will not systematically copy Free Content from the Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.
- You may, as a member of a recognised Learning Establishment, use the Free Content of the Site for educational purposes provided the Free Content retains all TheSchoolRun branding.
Your right to use Chargeable Content
- 4.1 Payment of a Subscription Fee grants you a licence to use all Chargeable Content on the Site for the duration of your subscription. Payment of a Content Item Fee grants you a licence to use that item of Chargeable Content. You may use such Content in the following ways:
- for personal purposes; or
- as a student only, for educational purposes
- Commercial use of Chargeable Content is not permitted under the terms of a normal subscription. Please contact Us for details of commercial-level subscriptions and the accompanying T&C.
- Individual employees of Learning Establishments are not permitted to use Chargeable Content for teaching purposes under the terms of a normal subscription. Please contact Us for details of school subscriptions and the accompanying T&C.
- Under such a licence, you agree that:
- you will not use the Chargeable Content of the Site for commercial purposes unless given Our express written permission to do so;
- you will not systematically copy Chargeable Content from the Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so; and
- you may, as a member of a recognised Learning Establishment, use the Chargeable Content of the Site for educational purposes provided all TheSchoolRun branding is retained.
- 4.1 Payment of a Subscription Fee grants you a licence to use all Chargeable Content on the Site for the duration of your subscription. Payment of a Content Item Fee grants you a licence to use that item of Chargeable Content. You may use such Content in the following ways:
Intellectual Property Rights not Owned by Us
- Certain Content and the Intellectual Property Rights to that content belongs to other people. This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these T&C to use Content from the Site. If you are unsure about which Content belongs to other people, please email us at [email protected].
- All official SATs papers and Year 1 Phonics Screening Check papers available on the Service are © QCA / QCDA / Department for Education and reproduced under the terms of the Open Government Licence. They are intended for home use / private study only.
- Many of the interactive games on the Service are powered by 3rd party suppliers.
- Many of the photographs and images on TheSchoolRun are licensed for our editorial use from Bigstock.com.
Links to Other Sites
1. This Site may contain links to other sites, such as those linked to from the Homework Gnome section of the Site or an advert from a third party. Unless expressly stated, these sites are not under the control of TheSchoolRun or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Site does not imply Our endorsement of the sites themselves or of those in control of them.
2. All matters concerning any goods and services that you purchase from a third party site, including without limitation all contract terms are solely between you and the owner of that site and we will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against TheSchoolRun with respect to any such sites.
Links to our Site
Those wishing to place a link to this Site on other sites may do so. To find out more please contact Us by email at [email protected].
Acceptable Use of Communication
When using any communication facility on the Site you should do so in accordance with our Acceptable Use Policy.
- When you register with us you are stating that you are over 18 years of age. You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete.
- In order to access Chargeable Content on this Site and to use certain other parts of the Forum, you are required to create an Account, which will contain certain personal details that may vary based upon the type of Account that you choose. By continuing to use this Site you represent and warrant that: Your creation of an Account further affirms the promises you make in this Clause 9.2.
- all information you submit, including your email address which we use to communicate with you about your Account, is accurate and truthful;
- you have permission to submit Payment Information where permission may be required; and
- you will keep this information accurate and up-to-date.
- Sharing of accounts is not permitted unless We expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
Subscriptions, Charges and Cancellation
- Your trial subscription: The trial period lasts 14 days. Your subscription starts as soon as you click 'Start your trial' on the Order Summary screen and gives you full access to all the resources on the Site, which you can download, save to your own computer and print off as you so wish. Please note that only one trial subscription per user is permitted.
- How your subscription continues after the trial period: After the 14-day trial period has ended your subscription will automatically continue at the rate of £42 for a six-month subscription, £66 for an annual subscription or £99 for a 3-year ('Premium') subscription, depending on which payment option you select when placing the order for your subscription, and thereafter for consecutive six-monthly or annual periods at the then standard rates (the 3-year subscription will not renew in this way). All payments will be taken up-front. You will be able to give notice to cancel your subscription with effect from the end of your then current subscription period.
- Paying for your subscription: When your trial period ends and your subscription continues for the subsequent six- or 12-monthly subscription period, we will collect your payments every six months or twelve months (as applicable) in advance. If you do not want your subscription to continue at the end of your subscription period, either log into our customer portal to cancel your subscription or email [email protected] to let us know before the date that your subsequent payment is due.
- We also offer subscribers the opportunity to upgrade to a 7-year ("School Lifetime") subscription for the sum of £150. At our discretion we may also offer other subscription packages at certain times.
- The Subscription Fee is not in any way dependent on or linked to the extent of your usage of the Content covered by your Subscription Fee. Even if you do not avail yourself of the Content, the Subscription Fee remains payable in full for the full Subscription Period.
- Full details of the Subscription Fee and your payment dates will be provided to you by our payment processor during the subscription process and a confirmation of the order will be sent by email within 24 hours from our payment processor. This will include a unique transaction ID number, the Subscription Fee and the date it will be taken, and instructions on how to cancel your subscription should you choose to do so. A binding contract between us and you for the subscription to the site is made once our payment processor sends you this confirmation of acceptance of your order.
- Please note that We can only accept payments on the site that have been processed by our payment processor. If you have subscribed via a trial, subscription charges commence on the date that your trial ends. Your credit / debit card will be billed on this date and thereafter until you cancel your recurring subscription under sub-Clause 10.12. If you have subscribed for one of our fixed-term subscriptions packages, your subscription starts as soon as you click 'Checkout' on the Order Summary screen and your credit / debit card will be billed immediately.
- TheSchoolRun reserves the right to change payment processor and to change Subscription Fees from time to time and any such changes may affect your subscription rate: increases in price will be notified to you by email and reflected in your subscription on the date of the immediately subsequent renewal; and decreases in price will be notified to you by email and reflected in your subscription on the date of the immediately subsequent renewal. For further information on subscriptions and pricing, please visit our Pricing page.
- No part of this Site constitutes a contractual offer capable of acceptance. Your order for a subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us or our payment processor sending to you a subscription confirmation email. Only once We or our payment processor have sent you a subscription confirmation email will there be a binding contract between TheSchoolRun and you.
- Subscription confirmations under sub-Clause 10.5 will be sent to you by Us or our payment processor following your activation of a subscription and shall contain the following information:
- Confirmation of the subscription including full details of the main characteristics of the Chargeable Content available through your subscription, or payment of the Content Item Fee;
- Fully itemised pricing for your subscription or the Content Item Fee including, where appropriate, taxes and any other additional charges;
- The commencement date, date of first full subscription payment (following your initial 14-day trial if applicable), the amount of that full subscription payment and the interval between recurring payments (if applicable)
- Provision of Chargeable Content shall commence immediately upon Our confirmation of your subscription or your payment of the Content Item Fee. By completing the order process, you will be expressly requesting that you wish the Chargeable Content to be available immediately and thus you waive your statutory right to a "cooling-off" period.
- If you are a consumer based within the European Union, you have a statutory right to a "cooling-off" period with respect to the purchase of certain goods and services. This period, if applicable, begins once the contract between TheSchoolRun and you is formed (as explained in sub-Clause 10.5 and 10.8) and ends at the end of 14 calendar days after that date. Under normal circumstances, the provision of Chargeable Content begins immediately upon Our confirmation of your subscription. As set out in sub-Clause 10.10 by expressly requesting this, you waive your right to the "cooling-off" period and to a refund of any subscription fees already paid to TheSchoolRun.
- You may cancel at any time after subscribing, however subject to sub-Clause 10.13, no full or partial refunds can be provided and you will continue to have access to the Chargeable Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.
- If you subscribe or make a payment for a Content Item Fee in error you must inform Us within 24 hours of subscribing and must not use the Chargeable Content during that time. This provision also applies to automatic renewals of subscriptions that you may have forgotten to cancel. If any use of Chargeable Content during this time period can be traced to your Account, however, no refund can be provided and you will continue to have access to the Chargeable Content for the duration of the relevant Subscription Period. We will deduct a small administrative charge from any refund to which you are entitled under this sub-Clause 10.13. The amount charged depends on whether you are based in Europe or not and is a percentage of your transaction fee plus £1.20. This goes some way to meeting our costs - both from our payment provider for processing the refund, and the administrative time required to amend your status on all our systems. The charge is kept as low as possible, but in the absence of an individual charge for such refunds, subscription fees would increase for all.
- TheSchoolRun Premium Subscription provides you with three years' worth of access. You will be charged an up-front, one-off fee of £99 for this purchase. To accompany the purchase, you will be given access to all Chargeable Content for 3 years (as long as the Service is in service during this period). Your access starts from the date that you make the payment. TheSchoolRun Premium Subscription gives you complete access to Chargeable Content on TheSchoolRun.com only and not to any other site associated with the Service.
- TheSchoolRun School Lifetime Subscription is available as an upgrade option to current subscribers. It provides you with seven years' worth of access. You will be charged an up-front, one-off fee of £150 for this purchase. To accompany the purchase, you will be given access to all Chargeable Content for 7 years (as long as the Service is in service during this period). Your access starts from the date that you make the payment. TheSchoolRun School Lifetime Subscription gives you complete access to Chargeable Content on TheSchoolRun.com only and not to any other site associated with the Service.
- Subject to the rights of cancellation set out in these T&C, the Subscription Fees are non-refundable.
- Free gifts: Any free gifts offered when you purchase a Subscription or Content Item are subject to availability. Where we offer you a gift with the purchase of a Subscription or Content Item, every effort will be made to supply the gift illustrated but we reserve the right to provide an alternative gift if we cannot supply the original for any reason. Any free gifts will be dispatched within 28 days of your order being placed. Some gifts can only be dispatched to UK mainland addresses. Where a gift is offered with a Subscription, your free gift will be sent to you after you complete your trial subscription and the full subscription fee is taken. Where a gift is offered with a Content Item, your free gift will be sent to you after your payment has been authorised.
- School Subscription Packages are for use by educational establishments only. After subscribing, the school is provided with a unique login to access all our subscriber resources. Please note that login details are for teacher-use only and must not be shared with parents. Teachers may print off copies of resources for the purposes of distribution of them, without modification, to pupils. You may not share resources with non-account holders electronically. Find out about our pricing here. You will be charged an up-front, one-off fee of £109 (1-year) or £219 (3-year) for this purchase. To accompany the purchase you will be given access to all Chargeable Content for the period of your subscription (as long as the Service is in service during this period). Your access starts from the date that you make the payment. All other terms apply.
- Either TheSchoolRun or you may terminate your Account and (where relevant) your subscription. If We terminate your paid subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- If TheSchoolRun terminates your subscription as a result of your breach of these T&C you will not be entitled to any refund. Such terminations can be appealed by contacting us at [email protected] with details of the reasons for your appeal.
- If We terminate your Account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the Subscription Fee being divided by the number of weeks in the applicable Subscription Period and multiplied by the number of complete weeks remaining until the end of the Subscription Period.
- If We terminate your Account or subscription, you will cease to have access to Chargeable Content from the date of termination.
- If you terminate your Account or subscription, you will continue to have access to Chargeable Content for the remainder of your subscription period as per sub-Clause 10.12.
How We Use Your Personal Information (Data Protection)
- All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998, PECR 2003 and PECR II.
- We may use your personal information to:
- Provide the Service to you;
- Process your payments to Us; and
- Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- We will not pass on your personal information to any other third parties though we may, from time to time, send information and offers to you from 3rd parties that we believe will be of interest to you.
- We make no warranty or representation that the Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
- Whilst every reasonable endeavour has been made to ensure that all information provided on this Site will be accurate and up to date, We make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our Service.
- No part of this Site is intended to constitute advice and neither the Content nor the Chargeable Content of this Site should be relied upon when making any decisions or taking any action of any kind.
- The information on this Site is not designed with commercial purposes in mind. We make no representation or warranty that this Content (or Chargeable Content) is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
- Whilst We use reasonable endeavours to ensure that the Site is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
Availability of the Site and Modifications
- The Service is provided “as is” and on an “as available” basis. We give no warranty that the Site or the Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- We accept no liability for any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
- We reserve the right to alter, suspend or discontinue any part (or the whole of) the Site including, but not limited to, the Content and/or Chargeable Content available. These T&C shall continue to apply to any modified version of the Site unless it is expressly stated otherwise.
Limitation of Liability
- TheSchoolRun’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of Our breach of these T&C shall be limited to the value of the relevant User’s current Subscription Fee (or, if there is no Subscription Fee, the value of any Content Item Fees paid by the User). For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein, to the maximum extent permitted by law, We accept no liability. Users should be aware that they use the Site and its Content (including Chargeable Content) at their own risk.
- Nothing in these T&C excludes or restricts TheSchoolRun’s liability for death or personal injury resulting from any negligence or fraud on the part of TheSchoolRun.
- Nothing in these T&C affects your statutory rights as a consumer in relation to the Chargeable Content being faulty, not corresponding to its description on the Site or any other statutory liability which cannot lawfully be excluded or restricted. Details of these rights can be obtained from Consumer Direct (the Government’s consumer advice helpline) or your local Trading Standards Office.
- In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these T&C and shall not affect the validity and enforceability of the remaining T&C. This term shall apply only within jurisdictions where a particular term is illegal.
Changes to T&C
TheSchoolRun may modify these T&C in order to take account of changes to user preferences, the business environment in which we operate, applicable laws and industry practices, or other reasons. Changes will be posted on TheSchoolRun or notified by email. With respect to any changes to the T&C effective before the end of your subscription period that involve material adverse changes, such as a decrease in your usage rights or higher subscription charges, we will offer subscribers an opportunity to opt out of such changes for the remainder of their then-current Subscription Period. If you notify us that you wish to opt-out of the changes, we will offer you the option of terminating early subject to a pro-rated refund of your then-current Subscription Fee. Unless you are notified that a change in the T&C will be effective from a future date, the changes to the T&C will be effective immediately on their publication on TheSchoolRun (or their email notification to you, whichever is applicable).
In the event that any party to these T&C fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Other Terms not applicable
In the event of any conflict between these T&C and any prior versions thereof, the provisions of these T&C shall prevail unless it is expressly stated otherwise.
Third Party Rights
Nothing in these T&C shall confer any rights upon any third party. The agreement created by these T&C is between you and TheSchoolRun.
- All notices / communications shall be given to Us by email to [email protected] Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- We may from time to time, if you opt to receive it, send you information about Our products and/or services or about other services that we think will be of interest to you. If you do not wish to receive such information, please notify us using the ‘unsubscribe from newsletters’ link that appears on each of our email newsletters or by changing your newsletter preferences in ‘My account’ area of the site.
We are a participant in the iTunes affiliate programme, the Amazon EU Associates Programme and the Magazine.co.uk affiliate advertising programmes designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.co.uk, iTunes.co.uk and Magazine.co.uk. This means that if you click through and buy a product featured on the Site, we might earn a small commission; the price you pay is unaffected by these links. Our choice of products to review is in no way influenced by our membership of the Associates Programme.
Data collection through automated means
These terms govern your collection of data from TheSchoolRun through automated means
- You must not use any systematic or automated means to monitor or copy our website and its content (including without limitation scraping, data harvesting, data extraction and data mining) without our express written consent.
- You must not permit to be made any bulk downloading or storage of data from TheSchoolRun and must not do anything to damage or disrupt our website or use the site in a way that may cause a nuisance to others.
- You agree that any violation of these terms may result in an immediate termination of your TheSchoolRun subscription.
Governing law, jurisdiction, complaints and codes
- These T&C will be governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or where you live in Scotland or Northern Ireland.
- We will try to avoid any dispute and make sure you are happy, so if you have any complaints please let us know and we will do what we reasonably can to fix them.