White Rose Education Limited (trading as White Rose Maths)
(company number 10831473)
Trinity Academy Halifax, Shay Lane, Halifax, West Yorkshire, HX2 9TZ
(White Rose Maths)
LICENCE AND PURCHASE TERMS
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU PURCHASE ANYTHING ON OUR SITE. THESE TERMS AND CONDITIONS SET OUT YOUR LEGAL RIGHTS AND RESPONSIBILITIES, OUR LEGAL RIGHTS AND RESPONSIBILITIES, AND CERTAIN KEY INFORMATION REQUIRED BY LAW. ONCE YOU MAKE A PURCHASE ON OUR SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
- Definitions and interpretation
- In these Terms:
Authorised Persons means employees or agents of the User who are engaged in teaching and educational services on behalf of the User, and who are authorised by the User to use the Resources for the Permitted Uses;
Business Day means a day other than a Saturday, Sunday or bank or public holiday when banks generally are open for non-automated business in England;
Commencement Date means the date that the Resources are purchased by the User;
Goods means the physical goods we offer on the Site for purchase by a User;
Individual User means a person entering into this Licence in the capacity of an individual consumer (and not a legal entity);
Licence means the licence issued by White Rose Maths to the User, to access and use the Resources on a subscription basis for the Licence Term, subject to these Terms;
Licence Fee means the fees payable by the User to White Rose Maths for access to the Resources, as calculated by reference to clause 10 below and the Licence Fee stated on the site;
Licence Term means the duration for which the User is granted the Licence, which in the case of a School User will include the initial term and any renewal term in accordance with clause 1;
Permitted Uses means the use of (including accessing, viewing and storing (but not modifying)) the Resources or Goods by the User for its own internal training, teaching or educational purposes, and not for (in the case of Resources) any public broadcast or dissemination;
Rights means all current, vested and contingent rights of copyright and rights in the nature of copyright subsisting in the Resources;
Renewal Licence Fee means the licence fee payable by a User to renew its Licence;
Resources means the written materials, resources, interactive materials, presentations, training videos, documents, images and information made available by White Rose Maths (as updated and varied from time to time) during the Licence Term, and which White Rose Maths has agreed to licence to the User, subject to these Terms;
School User means a School, or other legal entity providing education services, entering into this Licence as a User;
Site means our website at whiterosemaths.com;
User means the person who has purchased Goods or Resources from the Site and has entered into this Licence (being either a School User or an Individual User); and
we, us or our means White Rose Education Limited (trading as White Rose Maths); and you or your means the User.
- In these Terms:
- a person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality);
- a reference to writing or written includes email; and
- any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- Our terms
- This Licence sets out the terms and conditions on which we supply Resources and/or Goods to you and our other Users, and tells you who we are, how we will provide Resources and/or Goods to you, how you and we may change or end the contract between us, what to do if there is a problem, and other important information. If you have any concerns about the terms of this Licence, please contact us using the details below, to discuss.
- In some areas you will have different rights under these terms, depending on whether you are a School User or an Individual User and whether you are purchasing Goods or Resources. You will be an Individual User if you are an individual purchasing our Resources and/or Goods wholly or mainly for your personal use (not in connection with your business or profession.) There may also be different terms in place for customers based in the UK and customers based outside of the UK.
- If you are purchasing Goods from us, please also refer to clause 4.
- We are White Rose Maths, and you can contact us by telephoning 01422 433323 or writing to us at the address listed at the start of this Licence, or at email@example.com.
- By submitting your order for the Goods or the Resources, you shall be deemed to accept these Terms.
- Unless otherwise agreed in writing any quote we issue shall be valid for 14 days.
- Grant of Licence– this section applies to a User’s purchase of Resources only (not Goods)
- In consideration of you agreeing to abide by the terms of this Licence and on receipt of your payment of the relevant Licence Fee, White Rose Maths hereby grants to you, the User, a non-exclusive licence of the Rights to access and/or download (as applicable) and use the Resources, for the Permitted Uses, during the Licence Term.
- The Resources will be supplied on a subscription basis, until the termination or expiry of this Licence in accordance with these Terms.
- The Resources will be available for download and/or access (as applicable) once your order has been approved.
- Except as expressly set out in these Terms or otherwise expressly agreed in writing by the parties, no rights of either party are assigned, transferred or licensed.
- Purchase of Goods – this section applies to a User’s purchase of Goods only (not Resources)
- If you are an Individual User, consumer laws give you certain legal rights, for example that the Goods must be of satisfactory quality, fit for purpose and match their description. We must provide you with Goods that comply with your legal rights.
- The images of the Goods on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the printed pictures accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
- The packaging of the Goods may vary from that shown in images on our Site.
- Any Goods purchased from our Site are not for onward sale, or for use in connection with any other business reasons other than the Permitted Uses.
- We may change the Goods to reflect changes in applicable laws or regulatory requirements, or to implement minor technical adjustments and improvements.
- We reserve the right to cancel an order for any reason and at any time, and shall notify you of any order cancellation at the earliest convenience. If we cancel an order after you have paid for the Goods we will refund you the full price of the Goods (plus delivery costs) at the earliest convenience.
- You may cancel an order before the Goods are dispatched by us and we shall issue a full refund of the Price but reserve the right to charge you an administration charge to cover costs incurred prior to cancellation. Once the Goods have been dispatched you shall not be entitled to cancel the order or receive a refund for the Goods, except pursuant to clause 6.2 or 15.
- Subject to clause 4.9 you may, within 30 days of receiving the order, return the Goods which are not in breach of clause 6.1 to us and receive a refund of the Price minus an administration charge which we may, at our sole discretion, retain.
- To be entitled to a refund pursuant to clause 4.8 you must:
- return only full unopened orders, we shall not accept opened or partial returns;
- notify us that you wish to return the Goods in writing; and
- pay the cost of the return of the Goods to such address as we specify.
- We shall refund the cost of all Goods returned in accordance with clauses 4.8 and 4.9 within 30 days of the Goods arriving at the address we specify. Refunds shall be returned using the original payment method used for the order.
- If you are an Individual User, please refer to clause 15 which sets out an additional right you have to change your mind about any Goods you purchase.
- Delivery of the Goods will take place when we deliver them to the address that you gave to us when you placed your order, at which point you are responsible for the Goods. This means that you own the Goods and the risk in the Goods passes to you.
- We use a third-party courier to deliver our Goods.
- We estimate that orders placed for delivery within the UK will be delivered within 7 working days after the day on which we accept your order. Timescales for delivery outside of the UK will vary depending on the availability of the Goods and our courier. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence for the Contract.
- We shall not be liable for any delay in delivery of the Goods that is caused by an event, circumstance or cause beyond our reasonable control, by material shortages, higher than anticipated demand, import and/or customs delays or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
- We shall use reasonable endeavours to notify you of any delivery delays as soon as possible, and to keep you updated as to the expected delivery date.
- If we cannot deliver your Goods within 30 days of you placing your order, we will let you know, and unless you and we agree otherwise, we will cancel your order and give you a refund.
- You should ensure that someone will be available at your address to take delivery. If our courier finds that there is no-one available, they will leave you a note to let you know that they have attempted to deliver the Goods. Our courier may make further attempts to deliver the Goods to you, however if no-one is available at your address during any such final attempts made by our courier to deliver to your address, the Goods will be returned to us and we will contact you.
- For UK orders please let us know if you have not received your order within 10 working days, and for orders outside the UK please let us know if you have not received your order within 30 working days so that we can investigate the non-delivery.
- You should inspect the Goods when you receive them for defects and damage. Goods delivered by our courier which are clearly damaged must be signed for as such or refused and returned to us.
- If we have delivered incorrect or faulty Goods, please let us know so that we can discuss this with you and investigate.
- Guarantee of Goods
- We guarantee that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects. This guarantee does not apply in the circumstances described in clause 6.4 below.
- Subject to clause 6.4, if you give us notice in writing, including sufficient evidence of any defects, within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 6.1 we shall, at our option replace the defective Goods, or refund the Price of the defective Goods in full.
- The remedy at clause 6.2 shall be your sole remedy in relation to any breach of the warranty in clause 6.1 and we shall have no further liability to you in respect of the Goods’ failure to comply with the warranty set out in clause 6.1
- This guarantee does not apply to any defect in the Goods you buy arising from:
- fair wear and tear;
- wilful damage, abnormal storage (including storage outside), misuse, accident, negligence by you or by any third party;
- any use of the Goods which is inconsistent with its intended use; or
- any attempted alteration or repair of the Goods by you or by a third party.
- If you are an Individual User, this guarantee is in addition to your legal rights in relation to Goods that are faulty or not as described. Nothing in this contract affects your rights under the Consumer Rights Act 2015 or any other rights that you may have as a consumer. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- The User’s Obligations
- You shall, and if you are a School User shall procure that your Authorised Persons shall:
- not use the Resources or Goods in any way which is defamatory, indecent or otherwise unlawful or which infringes the statutory or common law rights of any third party;
- not redistribute the Resources or use any part of the Resources in any products or services it offers commercially;
- only use the Resources and Goods for the Permitted Uses, and not use the Resources or Goods outside of the User’s usual teaching or tutoring premises;
- procure that all descriptive literature relating to the Resources be marked with a notice in the following terms: © Copyright White Rose Education Limited 2019;
- not remove any mark, notice or wording on the Resources which acknowledges White Rose Maths’ ownership of the Resources or the fact that the Resources are subject to copyright, the rights to which belong to White Rose Maths;
- on termination of this Licence, at White Rose Maths’ option, either destroy or return all copies of the Resources and/or the User’s materials which are based on the Resources, and certify to White Rose Maths that it has done so;
- not do or omit to do anything to diminish the rights of White Rose Maths in the Rights, the Goods or the Resources, nor assist any other person to do so, either directly or indirectly; and
- not alter or modify the Resources or Goods.
- You shall, on reasonable notice, provide White Rose Maths with access to all documents, records and materials relating to your use of the Resources, for the purpose of White Rose Maths checking your compliance with this Licence.
- The Resources
- You acknowledge and accept that White Rose Maths:
- shall determine in its sole discretion the specific Resources it chooses to make available;
- reserves the right to remove, vary, update or implement adjustments and improvements to any of the Resources at its discretion, with or without notice, provided that the Resources shall at all times match the description of it provided on the Site;
- provides the Resources on an ‘as is’ basis and gives no warranty that certain topics of information will be covered or included in the Resources; and
- cannot guarantee access to the Site and/or Resources at all times as on rare occasions, the Site and/or Resources may be under maintenance or otherwise unavailable.
- We warrant that, to the best of our knowledge:
- the Resources are White Rose Maths’ original creation and that no substantial part of the Resources has been copied from any other material;
- White Rose Maths has the power to enter into and grant the Licence as set out herein; and
- the Resources contain nothing defamatory, indecent or otherwise unlawful or which infringes the statutory or common law rights of any third party.
- How to purchase Resources and/or Goods on our Site
- The following explains the process you will go through to purchase Goods and/or Resources on our Site, and how the contract between us will be formed:
- Step 1 – Choose the products you wish to purchase on the Site (Goods and/or Resources) by selecting and clicking on the items or choosing from the options in the drop-down list.
- Step 2 – If you have chosen to purchase Goods, click ‘Add to Basket’ and/or if you have chosen to purchase Resources, click ‘Subscribe’ and ‘Add to Basket’.
- Step 3 – At the Basket page you will be able to see your proposed purchases and the payments, please check the details of your purchase and select ‘Proceed to Checkout’.
- Step 4 – At the Checkout page you will need to fill out your billing details and (in relation to purchases of Resources by School Users only) select whether you want to pay by invoice, PayPal or card (which can be either a credit card or debit card)
- Step 5 – On the same page, you will see ‘Place Order’ or ‘Subscribe Now’ displayed (depending upon which type of products you are ordering); click on this to place your order.
- Step 6 – If you are paying by card or PayPal, you will be prompted to enter your payment details.
- You may also place an order with us via telephone email or post; you can do this by contacting us by telephone on 01422 433323 by email at firstname.lastname@example.org or writing to us at the address listed at the start of this Licence.
- Your purchase will only be accepted once we email you to confirm this, at which point, a legally binding contract will come into existence between you and us, and if you have purchased Resources, you will be able to download and/or access those Resources.
- We accept payment by PayPal, credit or debit card and relevant payment details will be stored by our third-party payment provider.
- Licence fees and payment terms
- If you are purchasing Resources:
- In consideration of White Rose Maths granting this Licence to you, you agree to pay the Licence Fee.
- The Licence Fee will be the price indicated on the purchase page of the Site when you choose to purchase the Resources.
- If you are an Individual User, the Licence Fee shall be payable in respect of the full Licence Term duration and is paid as a single payment on the date you purchase the Resources.
- If you are a School User:
- the relevant annual Licence Fee to be paid in full in respect of the initial 12 months, will be paid when you purchase the Resources; and
- If you wish to renew your subscription, you will need to select the renew subscription option on your account, following which we will issue a renewal invoice and you must make the relevant payment of the Renewal Licence Fee in order to continue your subscription.
- If you are purchasing Goods:
- The price of the Goods shall be as set out on our Site at the time we confirm your order. Our prices may change at any time, but price changes will not affect orders that we have confirmed with you.
- The price of the Goods includes VAT at the applicable rate and excludes the costs and charges of packaging, insurance and transport of the Goods, which shall be detailed at the time we confirm your order and shall also be payable at the same time as the Price.
- The Price of the Goods excludes any additional taxes, fees, customs duties, levies or other such charges which apply as a result of local legislation, regulations or customs formalities. You shall be solely responsible for checking, paying and arranging all additional costs payable under this clause 10.2.3.
- We will do all that we reasonably can to ensure that all of the information you give us when paying for the Resources or Goods is secure by using an encrypted secure payment system. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third-party gains unauthorised access to any information that you give us.
- If any payment or Licence Fee due to us is not received by us but you have already received the Goods or access to the Resources to which that payment relates, you must:
- pay for such Goods or pay the relevant Licence Fee within 30 days; or
- (in respect of Goods only) return them to us as soon as possible. If doing so you must keep the Goods in your possession, take reasonable care of them, and not use them before you return them to us.
- Nothing in this clause affects your legal rights to cancel the contract between us during the ‘cooling off’ period under clause 15.
- Term and termination of Resources subscription
- If you are entering into this Licence as a School User, the Licence shall commence on the Commencement Date and shall continue for an initial term of 12 months. Thereafter it may be renewed on an annual basis for subsequent renewal terms of 12 months each, subject to the payment by you of the relevant Renewal Licence Fee in accordance with clause 1.4.2. If you do not pay the Renewal Licence Fee, the Licence shall cease at the end of the current 12 month period in respect of which you have paid us the relevant initial Licence Fee or Renewal Licence Fee (as the case may be).
- If you are entering into this Licence as an Individual User, the Licence shall continue for a period of 12 months from the Commencement Date. This means that you are entitled to access and/or download (as applicable) those Resources which you have purchased, at any time during that 12 month period and may also benefit from the rights described in clause 3 during that 12 month period.
- This clause 3 only applies where you enter into this Licence as an Individual User. Where the 12 month Licence Term covers a period of time which falls across two academic year groups (each one being a Year Group), you may, during the Licence Term, request access to resources which are equivalent to those which you have already purchased in accordance this Licence, but which are applicable to the next Year Group, at no additional cost. You can do this by contacting us in writing, confirming the name of the Resource which you have a current Licence for and the relevant Year Group which that Resource applies to. We will verify that information on our records and provided that the details you have provided match our records, we will accept your request and provide you with access to the equivalent resource for the next Year Group. Any equivalent resource which we provide is:
- strictly only for the next Year Group and for no other Year Group;
- as we may make available at the time of our accepting your request but we provide no guarantee that such equivalent resource will be available;
- made available for access and/or download (as applicable) for the remainder of the current Licence Term only and nothing will entitle you to access resources for any additional period of time; and
- subject to the terms of this Licence and all provisions which apply to the use of “Resources” will apply equally to your use of those equivalent resources which we may make available.
- We may terminate the Licence at any time by giving notice in writing to you if you (i) commit a material breach of these Terms and such breach is not remediable, (ii) commit a material breach of these Terms which is not remedied within 14 days of receiving written notice of such breach, or (iii) fail to pay an amount due under this Licence on the due date and such amount remains unpaid within 30 days after we have notified you that the payment is overdue.
- Termination of the Licence shall not affect any accrued rights and liabilities of either party at any time up to the date of termination.
- Renewal of Resources Subscription
- The following steps explain how you carry out the “Renewal Steps” to indicate your intention to renew this Licence. These steps are only relevant to School Users but will not apply to Individual Users. That is because Individual Users do not have a subscription-based Licence with a renewal option but instead, pay the Licence Fee as a one-time payment. However, this does not affect the rights of Individual Users set out in clause 15 or elsewhere in these Terms
Step1 – Log into ‘My Account’ from our Site
Step 2 – Select ‘Subscriptions’
Step 3 – Select the option to renew and make a payment of the Renewal Licence Fee in order to continue your subscription for the next twelve months.
Note that we will not take payments automatically. Therefore, if you do not make the payment of the Renewal Licence Fee, your subscription will end, even if you have told us in advance that you wish to renew.
- The option to renew your subscription and pay a Renewal Licence Fee will appear on your account 60 days before your current subscription is due to terminate.
- You may cancel your subscription by contacting us by telephone on 01422 433323 or by email at email@example.com. Please note that cancelling your subscription (other than as an individual user under clause 15) will not entitle you to a refund on the Licence Fee.
- Our liability to our Users – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
- Nothing in this Licence will exclude or limit our liability for death or personal injury caused by our negligence, or any liability for fraud or fraudulent misrepresentation, or liability which we are responsible for in relation to consumer protection rights, or for any other matters which it would be illegal for us to exclude.
- We will not be responsible for any losses that were not foreseeable to you or us when the contract was formed, or that were not caused by any breach on our part.
- We have no liability to you for any loss of profit, loss of anticipated profit, loss of goodwill, loss of reputation or loss of data.
- Subject to clause 1, if you are a School User our total liability to you under or in connection with this Licence, shall not exceed the sum of £1,000.
- Data Protection
- We may collect personal data relating to the you and/or your employees or staff in the course of providing the Licence (for example, by means of any communications you send to us). We use this manage the relationship between us, and the provision of the Resources and/or Goods. The use of personal data for this purpose is necessary for the performance of the contract that will be in place between us and for our legitimate interests in managing that contract. Further information on how we handle personal data can be found here: https://whiterosemaths.com/privacy-policy
- You must ensure that you comply with data protection law (including putting in place all requisite consents, notices and agreements) when providing any personal data to us or any of our third-party service providers.
- Individual Users – This section applies to Individual Users only
- Cancellation Rights– You (as an Individual User) have a legal right under the Consumer Contracts Regulations 2013 to change your mind about your purchase of the Resources or Goods within 14 days of the date of our acceptance of the same, and to receive a refund. This is the “cooling off period.” For clarity, you would not be charged a cancellation fee.
- Please note that in respect of any Resources purchased, you do not have a right to change your mind in respect of your subscription for the Resources after you have started to download/access them.
- To exercise the right to cancel, you must inform us of your decision to cancel this Licence by a clear statement (e.g. you can send us a letter in the post or email us). You can use the model cancellation form set out below, but this is not obligatory. Alternatively, in the case of Goods purchased, you can simply return the Goods to us during the cooling off period.
- Complaints – if you have any questions or complaints about the Resources or Goods, please contact us. We will endeavour to resolve your compliant using our internal complaints procedures.
- You, as a User may not assign, subcontract or encumber any right or obligation under these Terms in whole or in part, without our prior written consent, which it may withhold or delay at its absolute discretion.
- Any notice given by a party under these Terms shall be in writing and in English, be signed by, or on behalf of, the party giving it and be sent to the relevant party’s registered office or place of business. Notices are deemed received if delivered by hand, when left at the registered address; if sent by pre-paid first-class post or next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by email, at the time of transmission; or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed. All references to time are to the local time at the place of deemed receipt. The provisions of this clause 2 do not apply to notices given in legal proceedings.
- Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
- If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms shall not be affected.
- A waiver of any right or remedy under these Terms or at law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- This Licence is between you and us. No other person shall have any rights to enforce any of its terms.
- If you are a School User, any dispute or claim arising out of, or in connection with, this Licence or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
- If you are an Individual User, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Model Cancellation Form for Individual Users
(Complete and return this form only if you wish to withdraw from the contract)
To: White Rose Education Limited (trading as White Rose Maths), The Maltings, Maltings Road, Halifax. HX2 0TJ
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods*:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
*Delete as appropriate