Terms and Conditions
Last updated 6 July, 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING A PRODUCT OR PURCHASING AND ACTIVATING A SERVICE ON THIS WEBSITE
1. THESE TERMS
1.1 These are the terms and conditions on which we supply products or services to you via our website, www.mathsnoproblem.com (our “website”) or any of our mobile applications, whether these are goods, services or digital content (individually, a “Product” or “Service”, collectively, the “Products” or “Services”).
1.2 Please read these terms carefully before you purchase a Product or activate one of our Services. These terms tell you who we are, how we will provide Products and Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. By clicking “I Agree” you confirm that you have read and understood these Terms and Conditions (including the documents expressly referred to herein) and you agree to be legally bound by them in relation to your use of the Products and your receipt of the Services that we provide. If you refuse to accept these Terms and Conditions, you will not be able to open an account on our website.
1.3 In some areas you will have different rights under these terms depending on whether you are a business or consumer.
1.4 You are a consumer if:
a) you are an individual; and
b) you are buying Products or Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). If you are a consumer, our agreement with you must be in line with the rights, obligations and remedies under Consumer Contracts Regulations 2013 and there may be other rights, obligations and remedies you can rely on thereunder that are not detailed herein.
1.5 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase and your use of the Products and/or Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Fig Leaf Promotions Limited, a company registered in England and Wales. Our company registration number is 07233807 and our registered office is at Third Floor, 20 Old Bailey, London, EC4M 7AN. Our registered VAT number is GB 812075950. We are a member of group companies, which include Fig Leaf Promotions Limited and Fig Leaf Promotions Canada (“Fig Leaf Group”). These terms and conditions are issued on behalf of the Fig Leaf Group so when we mention “Fig Leaf“, Fig Leaf Group“, “Maths – No Problem“, “we”, “us” or “our” in these terms and conditions, we are referring to the relevant company in the Fig Leaf Group responsible for the provision of the Services to you.
2.2 You can contact us by telephoning our customer service team at +44 1892 537 706 or by writing to us at the address above or at email@example.com.
2.3 If we have to contact you we will do so by telephone or by writing to you at the telephone number, email or postal address you provided to us in your order or when setting up your account. For the avoidance of doubt we will use the telephone number, postal and email addresses detailed in your account even if you have placed an order with us using a different telephone number, email or postal address.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR PRODUCTS AND SERVICES
Products include but are not limited to: books, printed materials, training courses, events and conferences. Services include but are not limited to the Hub, the Online Teacher Guides, Academy, Insights and Community. The Products and Services available on the website may change from time to time.
For all Products and Services, the prices and how to order are available on our website and / or email our Customer Services.
Please note the images of Products and Services on our website are for illustrative purposes only. Your Products and Services, including the packaging, may vary slightly from those images.
Both Services and Products may be sold as bundles, which comprise several Services and / or Products. The bundle components will be itemised and are sold as in the quote and / or order confirmation when you place your order.
All products are sold as itemised in the quote and / or order confirmation when you place your order.
All Services are sold as twelve (12) month Subscriptions. They start on 1st August and end on 31st July the following year.
The Subscription fees will be as in the quote and / or order confirmation agreed with you. There are no refunds except in line with clauses 8.3, 9.1(c) and 9.2.
When you subscribe to any of our Services, you will be provided with access to the Hub, where you will need to create an account using a valid email address and password (“Account”) to access the Services.
Online Teacher Guides, Academy, Community – Licences and Users: You will need to purchase one licence per user (“Group User”) for each service. I.e. if you wish four teachers to have access to any or all for these Services, you will need to purchase four licences for each Service that the teacher will need to access.
Online Parent Guides – Licences and Users: Within your Hub account, you can provide free access to Parent Guides to a maximum of 60 parents or carers per class.
Licences: You will need to purchase one licence per class. I.e. if you wish to input data for six classes into Insights, you will need to purchase six licences. One class has a technical limit of forty (40) pupils. If you have classes with more than forty (40) pupils please contact us by email and we will use reasonable endeavours to increase this limit for you. Please note there may be an increase in fees for an increase in limit for pupils per class. Once your Insights Subscription has been set up, you cannot reduce the number of classes within your Account without risking loss of data. However you can purchase and add more classes to your Insights Subscription at any time and without risking losing any data.
Users: You may set up as many internal users within your school (“Group User”) as you wish. There is a technical limit of 500 users per account, but we may be able to increase this if you notify us in writing of your need for additional Group Users.
Only the Administrator will be able to input and update pupil personal data. Group Users will be able to view pupil personal data and add test scores to a pupil’s profile but will not be able to update or amend pupil personal data. The Administrator is responsible for monitoring Group Users use of Insights, revoking Group User rights and access to Group Users who no longer should have access. We may prompt the Administrator to consider removing any Group User who has been inactive for twelve (12) months. It is the Administrator’s responsibility to remove Group Users who are no longer employed/contracted by the school or who should not have access to pupil personal data for whatever reason. The Administrator is also responsible for ensuring that only authorised personnel have access to each individual pupil’s personal data.
4. OUR CONTRACT WITH YOU
4.1 Our acceptance of your order will take place when we email you to accept it or when youreceive a notification via your account that the Product and/or Services have been purchased and you are able to commence using the Product, Services and/or your Subscription, at which point a contract will come into existence between you and us.
4.2 If you are a school or business, you will have the option to assign (purchase may be required for certain Products and/or Services) multiple user accounts under your account with us (“Group Account”). For each Product or Service, you will be asked to assign an administrator (“Administrator“) who will be responsible for assigning user privileges and inviting other users within the school or business (“Group User”) to register to use the GroupAccount.
4.3 Each Group User will be able to order and purchase Products, Services and/or Subscriptions but the contract will remain between us and you, the school or business.4.4 Usernames and passwords must be kept secure and must not be shared. We reserve the right to invoice you for any money owed to us as a result of any breach of this clause by you or any Group User, and you acknowledge and agree to settle invoices issued as a resultof your breach of this clause
4.4 within 30 days of the date on the invoice.
4.6 If you have ordered a Product or Service from us, we will assign an order number to yourorder and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Where you are purchasing Services such as the online teacher guides and/or any other digital tools or resources available on our website, including, but not limited to, videos and online training modules and materials, you acknowledge that:
(a) we are the owners of all intellectual property rights in and to the Products and the Services;
(b) subject to clause 5.2, you are granted a non-exclusive, revocable licence to use the Services solely for the duration of your Subscription;
(c) the licence granted to you in clause 5.1 (b) is for the sole purpose of planning lessons and you may print out one copy only of any of the Services that you have purchased, solely for that purpose;
(d) you shall not copy, modify, share, republish, or reproduce in whole or in part, any of the Services without our prior written consent; and
(e) in the event that you print out a copy of any Service in accordance with clause 5.1(c), you shall ensure that the following copyright notice is present and clearly visible on such copy: “© Maths — No Problem! 2022”;
5.2 Group Account holders purchasing the teacher edition shall receive one digital copy only of each of Textbooks A and B and Workbooks A and B for the academic level(s) selected (“Teacher Licence”). The Teacher Licence is granted solely for use by one Group User, who shall be nominated by the Group Account’s administrator to access and use the Teacher Licence pursuant to the licence granted in clause 5.1(b).
6. YOUR RIGHTS TO MAKE CHANGES
6.1 If you wish to make a change to the Product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. OUR RIGHTS TO MAKE CHANGES
7.1 We may change the Products or Services:
a) to reflect changes in relevant laws and regulatory requirements;
b) to implement minor technical adjustments and improvements, for example to address a security threat. We do not expect these changes will affect your use of the Product or Service; and
c) where a Product or Service is an online tool such as Insights, it may be necessary for us to temporarily suspend access to the Product to make adjustments and improvements. We will notify you of any planned disruption by posting a notice on the relevant page of the website in advance.
7.2 We may update or require you to update digital content (provided to you as part of a Service), provided that the digital content (the Service) shall always match the description of it that we provided to you before you bought it.
8. PROVIDING THE PRODUCTS
We try our best to fulfill orders of books that are in stock as soon as the order comes in, and the books should be with you in 3-5 days in the UK and 7-10 days in Europe depending on the postal service.
Please be aware that if you are purchasing our goods for delivery outside of the UK (whether you are a consumer or a business customer) you are importing goods into your country and are the importer of record for the purposes of the import. You are responsible for payment of all duties, taxes and handling or processing fees applicable in accordance with the importing laws and regulations of your country. You acknowledge and agree that we are not responsible for any costs of you importing our goods into your country.
At a time of worldwide disruption, like the current coronavirus pandemic, we may need to hold your order until our distributors are ready to ship. This may take extra time. We may also need to cancel your order if we are unable to deliver it due to closure of postal/courier system due to the pandemic.
8.1 The costs of delivery will be as displayed to you on our website.
8.2 When we will provide the Products:
a) if the Products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order (unless otherwise agreed with you in advance).
b) we will begin providing the services on the date agreed with you during the order process.The completion date for the services is as told to you during the order process.
c) if the product is a one-off purchase of digital content (provided to you as part of a Service), we will make the digital content available for download by you as soon as we accept your order, subject to the restrictions and the licence granted to you in clause 5.1 for your use of the Services.
d) if the Service is an ongoing service provided as part of your subscription to receive digital content (“Subscription”), or under your Group Account, we will supply the Service to you until either the services are:
(i) completed or the Subscription expires (if applicable), or you end the contract as described in clause 9 or we end the contract by written notice to you as described in clause 11.
8.3 We are not responsible for delays outside our control. If our supply of the Products or provision of the Services is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products or Services you have paid for but not received.
8.4 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
8.5 If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.2 will apply.
8.6 A Product which is goods will be your responsibility from the time we deliver the Product to the address you gave us or to a carrier organised by you.
8.7 You own a Product which is goods once we have received payment in full.
8.8 We may need certain information from you so that we can supply the Products to you, for example, dates and times and preferred locations of conferences and events. If so, this will have been stated in the description of the Products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.9 We may have to suspend the supply of a Product or Service to:
a) deal with technical problems or make minor technical changes;
b) update the Product or Service to reflect changes in relevant laws and regulatory requirements;
c) make changes to the Product or Service as requested by you or notified by us to you (see clause 7).
8.10 We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than 24 continuous hours in any one month, we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more 7
than one month and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
8.11 If you do not pay us for the Products when you are supposed to (see clause 15.5) and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see clause 15.9). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 15.8).
9. YOUR RIGHTS TO END THE CONTRACT
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract, whether you have a Subscription or Group Account, and whether you are a consumer or business customer:
a) if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 13 if you are a consumer and clause 14 if you are a business;
b) if you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
c) if you are a consumer and have just changed your mind about the Product or Service, see clause 8.3. You may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions;
d) in all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 9.6.
9.2 If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any Products or Services which have not been provided and you may also be entitled to compensation. The reasons are:
a) we have told you about an upcoming change to the Product or Service or these terms which you do not agree to;
b) we have told you about an error in the price or description of the Product or Service you have ordered and you do not wish to proceed;
c) there is a risk that supply of the Products may be significantly delayed because of events outside our control;
d) we have suspended supply of the Products or Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or
e) you have a legal right to end the contract because of something we have done wrong.
9.3 If you are a consumer then for most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4 Your right as a consumer to change your mind does not apply in respect of:
a) Services after you have started to download or stream them; and
b) Services, once these have been completed, even if the cancellation period is still running.
9.5 If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered:
a) If you have bought services (for example, our online training and education services or Insights our assessment centre), you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the services or use of the Service provided up until the time you tell us that you have changed your mind.
b) If you have bought digital content for download or streaming (one of our Services), you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content (as part of a Service) to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
c) If you have bought goods (for example, books), you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
9.6 Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for a Product or digital content (i.e the Online Teacher Guides as part of a Service) is completed when it is delivered, downloaded or streamed and paid for. A contract for Services is completed when we have finished providing the services (i.e. Academy, Insights) and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9.7 Where the Products or Services are to be provided to you under your Subscription or Group Account for which you make a payment to us on an annual basis, the contract will not end until 1 year after the day on which you contact us.
10. HOW TO END THE CONTRACT WITH US
(INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
10.1 To end the contract with us, please let us know by calling customer services on +44 1892 537 706 or email us at firstname.lastname@example.org. Please provide your name, address, details of the order (order or invoice number) and, where available, your phone number and email address.
10.2 If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. Please call customer services on +44 1892 537 706 or email us at email@example.com to discuss returning the Products to us. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
10.3 We will pay the costs of return if:
a) the Products are faulty or misdescribed; or
b) you are ending the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
10.4 If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
10.5 If you are entitled to a refund under these terms we will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.6 If you are a consumer exercising your right to change your mind:
a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;
c) For a Service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.7 We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
a) If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 10.2;
b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract at any time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, the email address for the Group Account administrator or the address for delivery of the Products;
c) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;
d) you do not, within a reasonable time, allow us access to your premises to supply the services; or
e) Individual log-in details are shared with anyone else.
11.2 If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.3 We may write to you to let you know that we are going to stop providing the Product. We will let you know at least one month in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
12. IF THERE IS A PROBLEM WITH THE PRODUCT
12.1 If you have any questions or complaints about the Products, please contact us. You can write to us at firstname.lastname@example.org and PO Box 671, Tunbridge Wells, Kent, TN9 9SH.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE
PRODUCTS IF YOU ARE A CONSUMER
13.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
13.2 If you wish to exercise your legal rights to reject Products you must post them back to us. We will pay the costs of postage. Please email us at email@example.com for instructions on how to return the Products.
14. YOUR RIGHTS IN RESPECT OF DEFECTIVE
PRODUCTS IF YOU ARE A BUSINESS
14.1 If you are a business customer we warrant that on delivery, any Products which are goods shall:
a) conform in all material respects with their description;
b) be free from material defects in design, material and workmanship.
14.2 Subject to clause 14.3, if:
a) you give us notice in writing within a reasonable time of discovery that a Product does not comply with the warranty set out in clause 14.1;
b) we are given a reasonable opportunity of examining such Product; and
c) you return such Product to us at our cost, we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full.
14.3 We will not be liable for a Product’s failure to comply with the warranty in clause 14.1 if:
a) you make any further use of such Product after giving a notice in accordance with clause 14.2(a);
b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none)good trade practice;
c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
d) you alter or repair the Product without our written consent; ore) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions
14.4 Except as provided in this clause 14, we shall have no liability to you in respect of a Product’s failure to comply with the warranty set out in clause 14.1.
14.5 These terms shall apply to any repaired or replacement Products supplied by us under clause 14.2.
15. PRICE AND PAYMENT
15.1 Depending on the type of Product or Service , you will be charged either:
a) for Subscription users, annually in advance; or
b) for Group Users, annually in advance to the Group Account; or
c) where available, on a pay-as-you-go basis per Product, in which case we will charge you at the time you place the order for the Product.
15.2 The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 15.4 for what happens if we discover an error in the price of the Product you order.
15.3 If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
15.4 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
15.5 We accept payment with credit cards, debit cards, cheques or by account credit if agreed in advance of the order. When you must pay depends on what Product you are buying, and whether you have a Subscription or Group Account:
a) For goods, unless clause 15.6 applies to you, you must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you;
b) For digital content (provided to you as part of a Service), unless clause 15.6 applies to you, you must pay for the digital content (Service) when you log in to your account for the first time;
c) For services, we will invoice you in accordance with clause 15.6. You must pay each invoice within 30 calendar days after the date of the invoice.
15.6 Where you take a Subscription or have a Group Account, we will send you an invoice which sets out the amounts payable to us within 30 days of the start of the year in which your account is activated (and 30 days from the start of each subsequent year of your Subscription or Group Account). You shall pay each invoice submitted to you within 30 days of receipt.
15.7 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15.8 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
15.9 If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15.10 All online payments will be conducted in accordance with Payment Card Industry DataSecurity Standards.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
SUFFERED BY YOU IF YOU ARE A CONSUMER
16.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2 We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products, including the right to receive Products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
16.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
16.4 If you are a consumer we only supply the Products to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 17.
17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
SUFFERED BY YOU IF YOU ARE A BUSINESS
17.1 Nothing in these terms shall limit or exclude our liability for:
a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
17.2 Except to the extent expressly stated in clause 14.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
17.3 Subject to clause 17.1:
a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for Products under such contract.
18.1 Whether you are a business or a consumer, you shall indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your use of the Products in any way that contravenes these terms.
19. HOW WE MAY USE YOUR PERSONAL INFORMATION
20. OTHER IMPORTANT TERMS
20.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Products or Services not provided.
20.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products or Services, we can still require you to make the payment at a later date.
20.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. You may also bring proceedings in the country in which you live.
20.7 If you are not happy with how we have handled any complaint, you may submit a complaint to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/.
20.8 If you are a business, any dispute or claim arising out of or in connection with a contractbetween us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction to settle any such dispute or claim.
Maths – No Problem! – Schools’ Training Terms and Conditions
1. WHO WE ARE
1.1 We are Fig Leaf Promotions Limited (trading as Maths — No Problem!), a company registered in England and Wales. Our company registration number is 07233807 and our registered office is at Third Floor, 20 Old Bailey, London, EC4M 7AN. Our registered VAT number is GB 812075950. We are a member of group companies, which include Fig Leaf Promotions Limited and Fig Leaf Promotions Canada Limited (the “Fig Leaf Group”). These terms and conditions are issued on behalf of the Fig Leaf Group so when we mention “Fig Leaf”, “Fig Leaf Group”, “Maths – No Problem”, “MNP”, “we”, “us” or “our” in these terms and conditions, we are referring to the relevant company in the Fig Leaf Group responsible for the provision of the Training (as defined below) to you. When we say “you” or the “School”, we are referring to you.
1.2 You can contact us by telephoning our customer service team at +44 1892 537 706 (tel:+441892537706) or by writing to us at the address above or at firstname.lastname@example.org.
1.3 If we have to contact you we will do so by telephone or by writing to you at the telephone number, email or postal address you provided to us on your booking form.
1.4 When we use the words “writing” or “written” in these terms, this includes emails.
2. THESE TERMS
2.1 These are the terms and conditions on which we shall provide MNP teacher training (whether in school or online) to you (the “Training”).
2.2 Please read these terms carefully before you book any of our Training programs. These terms tell you who we are, how we will provide the Training 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. By clicking “I Agree” you confirm that you have read and understood these Terms and Conditions (including the documents expressly referred to herein) and you agree to be legally bound by them in relation to your receipt of the Training that we provide. If you refuse to accept these Terms and Conditions, you will not be able to book our Training.
3. THE TRAINING
3.1 We will provide you with an approved trainer to run the Training session(s) on the dates and at the times as agreed with us in your booking form and/or over email. The number of delegates who will attend the Training, the type of Training and the Fees for the training shall be notified to you by email. Please note that charges may increase dependent on the number of delegates you wish to attend the Training. Please also note that all details relating to the training may be amended and changed by mutual agreement in writing between us over email.
3.3 Under no circumstances are our trainers to provide the Training to anyone under the age of 18. Please do not allow any delegates under the age of 18 to attend our Training.
4. THE SCHOOL/YOUR OBLIGATIONS
4.1 For in-school Training, you agree that the School will provide all necessary facilities for the hosting of the Training at premises within the School’s direct control. Such facilities shall include all necessary training equipment (including a projector, audio equipment, a flipchart or a whiteboard, and everything ancillary or necessary for a comfortable training environment, including refreshments and toilet facilities).
4.2 For online training, you agree that the School will ensure all delegates are set up with appropriate equipment and internet connection to be able to join the online training. MNP cannot be held responsible or liable for any technical difficulties that the School may have in joining the online Training.
4.3 You acknowledge and agree that the Training you book and pay for is intended for in-house Training; therefore, only delegates employed by the School should attend. If you wish to invite delegates from schools affiliated with your School, please limit your invitation to 2 (two) schools only and 50% of the total delegates.
4.4 For training involving a larger number of schools not affiliated with your School, we would need to organise a specific training seminar which will incur additional charges.
4.5 You acknowledge that we do not allow Local Authority or independent consultants to attend the Training. You will be responsible for ensuring that such individuals are not in attendance (either in person or online) on the day of the Training and agree to bring to the attention of our trainer any changes in circumstances prior to the Training commencing.
4.6 You agree that the School shall:
4.6.1 not film or record any parts of the Training, without our prior written consent;
4.6.2 not make direct contact with our trainer for any additional Training services without the consent of MNP;
4.6.3 complete a MNP evaluation form on the completion of the Training;
4.6.4 direct any sales inquiries relating to the Training or the content used in the Training (“MNP Content”) or anything related to MNP, directly to a MNP representative; and
4.6.5 ensure that any and all follow up training is booked directly through us.
5. OWNERSHIP OF TRAINING CONTENT
5.1 You acknowledge that the MNP Content used in the Training and the Training itself is based on the methods used to teach mathematics using the Singapore approach and will make reference to resources used in Singapore schools.
5.2 You acknowledge and agree that:
5.2.1 all MNP Content (including any amendments or additions to the MNP Content made by the MNP trainer during the performance of the Training is and shall remain the sole and exclusive intellectual property and copyright of MNP (or its licensors); and
5.2.2 we have granted the MNP trainer, and hereby grant to you, the School, a non-exclusive, non-transferable licence to use the MNP Content for the purposes of the Training only and for no other purpose.
5.2.3 If you or your staff wishes to use the MNP Content outside the scope of the Training then such use shall only be in accordance with the not-for-profit educational use set out in clause 6 below.
6. EDUCATIONAL & TEACHING REUSE OF THE MNP CONTENT
6.1 All teachers, teaching assistants and other School employees who partake in the Training and are provided with the MNP Content (including, but not limited to all presentations, images and the MNP brand and logo) shall only use the MNP Content in accordance with these terms and conditions.
6.2 In the event that the School purchases books and/or other teaching materials forming part of the MNP Content for teaching and classroom use, the School shall use such MNP Content for educational, non-commercial, purposes only in accordance with the Copyright Licensing Agency guidance, and the fair dealing for the purposes of non-commercial educational use provisions of the Copyright Designs & Patents Act 1988 (as amended).
6.3 Neither the School nor any of its staff, teachers, teaching assistants or other authorised users of the MNP Content may create any derivative works or training courses based on the MNP Content or the Services without the prior written permission of us.
6.4 In the event that the School or the School’s staff wish to reuse any of the MNP Content for purposes falling outside the scope of this clause 6, then the School shall apply for the express written permission of MNP (and shall pay any appropriate licence fee for such use as directed by us).
7. TRAINER TRAVEL EXPENSES
7.1 If MNP doesn’t have a qualified trainer located in the same region as the school, MNP may need to charge the school for the accommodation and travel arrangements of the trainer, in which case the trainer’s travel expenses will be agreed with the school prior to the Training.
8. PAYMENT TERMS
8.1 MNP will supply the School with an itemised invoice for all Training and any associated expenses.
8.2 The School shall make payment of all invoices submitted by MNP to you for the Training within the agreed payment terms, unless otherwise agreed by us in writing.
9. CANCELLATION OF THE SERVICES
9.1 If the School needs to cancel a Training session for any reason (including as a result of COVID-19), MNP must receive a written notification of the School’s need to cancel at least five working days prior to the Training start date in order not to have to pay any of the Fee.
9.2 In the event that the School has to cancel a Training session we will use all reasonable commercial endeavours to move the Training from face to face to virtual training where it is appropriate (dependent on the type of Training) and we are able to do so, and/or find an alternative date (an “Alternative”).
9.3 Notwithstanding clause 9.2, the School acknowledges and agrees that we may not be able to offer an Alternative and if we are unable to do so (which shall be at our sole discretion) then that shall be the final decision and the School will still be subject to 50% of the agreed Fee in accordance with clause 9.4 below, if it notified us of its need to cancel less than five (5) days prior to the Training.
9.4 If the School cancels a Training session (for any reason, including as a result of COVID-19) less than 5 (five) working days prior to the Training date, MNP will invoice the School for 50% of the agreed Fee (this is to cover the costs, time and expenses of our trainers which we have to pay).
9.5 For reasons beyond our control, it may be necessary for us to reschedule or cancel a Training session, in which case MNP will make every attempt to give the school as much notice as possible.
10. PHOTOGRAPHS OF THE SERVICES
10.1 You will ensure the appropriate consents are in place with staff and pupils who will be involved in the Training to allow the MNP trainer to take a few photographs during the course of the Training. These photographs shall be the property of MNP and will be used by us for promotional purposes (including MNP’s social media sites) only. If you are unhappy with the use of any of the photographs for this purpose please contact us by email.
11. DATA PROTECTION
11.1 The School (including all staff members) shall comply with all applicable data protection legislation, as in force from time to time, including but not limited to the Data Protection Act 2018 and the United Kingdom General Data Protection Regulation (‘UK-GDPR’) when processing personal data (including but not limited to personal data relating to any employee, customer, client or intermediary of MNP).
11.2 It is the policy of MNP to comply with all applicable data protection laws. You acknowledge that MNP may process personal data (including but not limited to sensitive or special category personal data) relating to the School or any staff members as part of or in connection with the Training. Our legal basis for doing so as set out in the United Kingdom General Data Protection Regulation (‘UK-GDPR’) (and as it may be updated from time to time) includes but is not limited to processing which is necessary: (a) for the performance and administration of the Training; (b) to protect your vital interests; (c) to comply with MNP’s legal and regulatory obligations to the School and to third parties; (d) for the establishment, exercise or defence of legal claims; or (e) for other purposes in the legitimate interests of MNP (or any third party to whom it discloses the data) in the particular circumstances envisaged by the UK-GDPR.
11.3 This clause applies to personal data transferred (including but not limited to third parties), collected, used or otherwise processed by MNP in any form and whether such transfer or other processing is within or outside the United Kingdom and/or the European Economic Area (even where the country or territory in question does not maintain adequate data protection standards) although MNP will observe UK-GDPR requirements in such regard.
12. GOVERNING LAW AND JURISDICTION
12.1 This agreement and any dispute or claim arising out of or in connection with it 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.
12.2 The courts of England shall have exclusive jurisdiction to settle any such dispute or claims relating to these terms and conditions.