Learning Street Terms & Conditions
Please make sure that You understand the following Terms and Conditions in relation to the Website and Service provided by Learning Street. If You are unsure about any of this, please email Us at firstname.lastname@example.org. Your attention is also drawn to the limitation of Our liability to You (see Clause 9).
This Agreement applies between You, the User of this Website and Learning Street, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon Your first use of the Website. If You do not agree to be bound by these Terms and Conditions, You should stop using the website immediately.
- Definitions and Interpretation
In these Terms and Conditions, the following terms shall have the following meanings:
“Account” means collectively the personal information, payment information and credentials used by Users to access the Service;
“Agreement” means the agreement formed between You and Learning Street for the purchase of or subscription to any products, including, but not limited to, courses and worksheets, as part of the Service;
“Linked Sites” means other Third Party websites referenced or mentioned on the Website, by hyperlink or otherwise;
“Service” means collectively any online facilities, tools, services or information, including, but not limited to courses, worksheets and assessments that Learning Street makes available through the website, upon payment, subscription or otherwise, either now or in the future;
“Terms and Conditions” means this document, containing the Terms and Conditions by which You agree to be bound;
“User/Users” means any person that accesses the Website or uses the Service provided and is not employed by Learning Street and acting in the course of their employment;
“We/Us/Our/Learning Street” means Learning Street, registered address Saracens’ House, 25 St. Margaret’s Green, Ipswich, IP4 2BN (no post accepted at this address), www.learningstreet.co.uk, or any of its current or future owners such as may exist. For all enquiries, please e-mail email@example.com;
“Website” means the website that You are currently using (www.learningstreet.co.uk) and any sub-domains of this website unless expressly excluded by their own Terms and Conditions; and
“You/Your” means You as the User of the Website or Service.
- Your Account
2.1. When You register with Learning Street, You will be required to choose a contact email address and password. You are responsible for all sessions and transactions taken under these details. You should keep Your password safe and not disclose it to anyone. You should change it immediately if You feel it has been compromised.
2.2. It is expressly forbidden for You to release Your login credentials to persons outside Your family to allow them to access the Service.
2.3. By registering an account on this Website, You agree that We may contact You via email. To revoke this permission please email us at firstname.lastname@example.org.
2.4. By registering an account on this Website, You are automatically added to Our newsletter mailing list. To revoke this access, You can unsubscribe from this list through the ‘Unsubscribe’ link at the bottom of any email.
- Conditions of Use
3.1. Courses and other content provided as part of the Service are for private individual use only and are sold on the basis of one course per child. The only exception to this is that the sibling(s) of a child may also use a course bought for that child.
3.2. User accounts are monitored to ensure fair usage both for Our protection and to protect Our Users.
3.3. You must not systematically print or download content from the Website or Service 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.
3.4. Tutors and teachers may only use the Service with express written permission from Learning Street. Tutors may be granted permission where individual copies are purchased for each pupil. Tutors and teachers enquiring about using the Service should e-mail email@example.com
3.5. Courses purchased as part of the Service are delivered electronically to Your Account on a staged release and therefore cannot be supplied in their entirety at purchase.
3.6. You may download Your purchased courses more than once provided that You do not breach any term contained in these Terms and Conditions.
3.7. You may download and save Your purchased courses to a personal computer or any other device provided that the terms of these Terms and Conditions are not breached.
3.8. Each of Your purchased courses will remain in Your Account for a period of two years after the date of purchase. Thereafter, each course may be deleted from Your Account at the complete and absolute discretion of Learning Street without notice, whether the course has been fully downloaded or completed or not.
- Cancellation and Termination
4.1. You have the right to cancel Your purchase of, or subscription to, any content or Service within 14 days of purchase and will be entitled to a full refund provided that no part of the content or Service has been downloaded. In the case of subscriptions, this only applies to the first 14 days of the first period of Your subscription.
4.2. Once the first part of a purchased course has been downloaded You are no longer entitled to a refund.
4.3. Learning Street reserves the right to refuse the Service to anyone for any reason at any time.
4.4. Learning Street may suspend or terminate your use of the Website or any Service, including but not limited to subscriptions, if it believes, in its sole and absolute discretion that you have breached any of these Terms and Conditions.
4.5. If You or Learning Street terminates Your use of the Website or any Service, Learning Street may delete any content or other materials relating to Your use of the Service and Learning Street will have no liability to you or any third party for doing so.
4.6. You will not be entitled to a refund for any product or Service that you have already purchased before the moment of termination by either party.
4.7 Unless clause 4.1 applies, if Your subscription is terminated, whether by You or Us, termination will be effective at the end of the current subscription period. You will remain liable to pay Your subscription fee until the end of the current subscription period and will not be entitled to a refund for that subscription period, in part or whole.
- Worksheets and Other Free Content
Some content on the Website, for example certain worksheets, is provided for free. Where such content is provided for free this is done so on the basis that it is for personal use only. Free content must not be used in a commercial setting by teachers or tutors without express written permission from Learning Street.
- Changes to Service and Prices
6.1. Learning Street reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
6.2. Prices for all content and Services are subject to change without notice from Us.
6.3. Learning Street shall not be liable to You or to any Third Party for any modification, price change, suspension or discontinuance of the Service.
- Intellectual Property Rights
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a Third Party and so expressly mentioned, Learning Street owns all intellectual property rights to and into the Website and the Service provided, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that You shall not use, modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any content from the Website or content viewed or downloaded from the Website, whether purchased or otherwise, belonging to Learning Street without obtaining written permission from Learning Street.
- Third Party Sites
The Website may contain links to Linked Sites. The Linked Sites are not under the control of Learning Street or the Website and Learning Street is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Learning Street is not responsible for any form of transmission or information, whatsoever, received by You from any Linked Site. Learning Street is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Learning Street or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. You must verify the accuracy of all information on Your own before undertaking any reliance on such information.
9.1. While the accuracy of the content of the Website and Service is regularly checked and updated, You expressly agree that use of the Website is at your sole risk. Neither Learning Street, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy or reliability of any information, Service or product provided through the Website. In particular, You accept that schools may change the content of their entrance exams without notice and therefore Learning Street will not be held liable in any way for any resulting loss, to You or anyone else, or detrimental reliance placed on information provided on the Website, communicated to You by Learning Street, or contained in the Service. You remain responsible for checking the accuracy of information of information provided by Us, on the Website or elsewhere.
9.2. The Website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Additionally, there are no warranties as to the results obtained from the use of the Website. In particular, You are responsible for choosing a Service suitable for your needs.
9.3. In no event will Learning Street, or any person or entity involved in creating, producing or distributing the Website or the content included therein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the Website or the Service. You hereby acknowledge that the provisions of this section shall apply to all use of the Service and content on the Website.
9.4. In the event that the applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, Learning Street’s total liability to You for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) shall not exceed the amount paid by You, if any, for accessing the Website or Service.
9.5. The above disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of the Website or Service, whether for breach of contract, tortious behaviour (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that Learning Street is not liable for the defamatory, offensive or illegal conduct of other Users or Third Parties and that the risk of injury from the foregoing rests entirely with You.
You agree to defend, indemnify and hold harmless Learning Street and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including any legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of Your use of the Service or payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and Conditions.
- Entire Agreement
These Terms and Conditions, together with the current Learning Street website prices and contact details, set out the whole of our Agreement relating to the supply of the Service to You by Learning Street. These Terms and Conditions cannot be varied except in writing signed by a director of Learning Street. In particular, nothing said by any sales person on behalf of Learning Street should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any goods or Services offered for sale by Learning Street. Learning Street shall have no liability for any such representation being untrue or misleading.
If any part of these Terms and Conditions is unenforceable (including any provision in which Learning Street excludes its liability to You), the enforceability of any other part of these Terms and Conditions will not be affected.
- Force Majeure Clause
Learning Street shall have no liability to You for any failure to provide the Service or any delay in doing so that is caused by any event or circumstance beyond its reasonable control, including, but not limited to, malware attack, hacking, system failure, or global pandemic.
- Governing Law
The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
- How We Use Your Personal Information (Data Protection)
16.1. We only hold the information You provide Us for the purpose of providing the Service.
16.2 All personal information that We collect will be processed in accordance with the Data Protection Act 1998 and GDPR.
16.3. Learning Street will never release Your personal information to a Third Party, with the exception that Your information will be passed to Our chosen card processor for the purpose of product or Service purchase, including subscriptions.
16.4. Where You provide an e-mail address to access certain content on the Website, including, but not limited to, worksheets, assessments, and newsletters, You will be added to Our communications database and may receive information from Us. You can opt out at any time by clicking ‘unsubscribe’ at the bottom of any e-mail or e-mailing firstname.lastname@example.org