Online Terms and Conditions for the Supply of Digital Content


Please read the following important terms and conditions before you buy any digital content from us.

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. You do not have this right to cancel once a download has started provided you have been told this and have acknowledged this.

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.

if your digital content is faulty, you’re entitled to a repair or a replacement;

if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back;

if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

Important information on downloading costs and ‘bill shock’:

When you buy your digital content it will download automatically onto your computer or device. Please check the file size of your digital content carefully as using too much data might mean that you exceed your data limit and you could face paying more than you were expecting, particularly if you are using your mobile phone abroad.

This contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law

In this contract:

  • We, us or our means @TeacherToolkit Limited, trading as Te@cher Toolkit; and
  • You or your means the person buying digital content from us

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

Do you need extra help?

If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page.

Who are we?

We are registered in England and Wales under company number: 08874519

Our registered office is at: 15 The Broadway, Woodford Green, Essex, IG8 0HL

Our VAT number is: 274715093

 

  1. Introduction
    1. If you buy digital content from us you agree to be legally bound by this contract.
    2. You may only buy digital content from our site for non-business reasons, for personal use or within your place of work.
    3. This contract is only available in English. No other languages will apply to this contract.
    4. When buying any digital content you also agree to be legally bound by:
      1. our Website Terms and Conditions and any documents referred to in them;
      2. extra terms which may add to, or replace some of, this contract. This may happen to maintain our compliance and regulatory position We will contact you to let you know if we intend to do this by giving you one month’s notice.

All these documents form part of this contract as though set out in full here.

  1. Information we give you
    1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
      1. click on the ‘key information button’;
      2. read the acknowledgement email (see clause (a)); or
      3. contact us using the contact details at the top of this page.
    2. The key information we give you by law forms part of this contract (as though it is set out in full here).
    3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
  2. Your privacy and personal information
    1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
    2. Our Privacy Policy is available at https://www.teachertoolkit.co.uk/privacy-policy/.
  3. Ordering digital content from us
    1. Below, we set out how a legally binding contract between you and us is made.
    2. You place an order for digital content by purchasing a resource through the “Resources” section of our website or by logging into the resources suite. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. In any event, before you place your order you must check that the hardware and software requirements of your computer or device mean that you can download the digital content. Please click on the ‘key technical information’ button if you want to see the requirements.
      1. When you place your order at the end of the online purchase process (eg when you click on the pay now button , we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
      2. We may contact you to say that we do not accept your order. This is typically for the following reasons:
        1. the digital content is unavailable;
        2. we cannot authorise your payment;
        3. you are not allowed to buy the digital content from us;
        4. we are not allowed to sell the digital content to you; or
        5. there has been a mistake on the pricing or description of the digital content.
      3. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
        1. a legally binding contract will be in place between you and us; and
        2. the digital content will download automatically.
    3. If you are under the age of 18 you  may not buy any digital content from the site.
  4. No right to cancel this contract once downloading starts
    1. When you buy the digital content:
      1. you have no right to cancel this contract once the automatic downloading of it starts; and
      2. you must read the following statement, agree to it, and tick the relevant box when buying the digital content: ‘I hereby consent to immediate performance of this contract when clicking on the ‘pay now’ button and acknowledge that I will lose my right of withdrawal from the contract once the automatic download of the digital content has begun’.
  5. Permission to use the digital content
    1. When you buy the digital content and download it (see clause (c)(ii)), you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
    2. The free digital content:
      1. is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
      2. is non-exclusive to you. We may supply the same or similar digital content to other users;
      3. may be shared, copied or redistributed by you in any medium or format, download as long as the resources are attributed appropriately, including providing a link to the Teacher Toolkit website
      4. may not be:
        1. changed by you and then the modified material distributed
        2. sold by you to any third party;
        3. used for any commercial purposes
        4. no legal terms nor technological measures can be used to restrict others from using the content under the licence
      5. contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
    3. The paid digital content is:
      1. personal to you. You can use it wherever you want in the world but only if you comply with local laws;
      2. is non-exclusive to you. We may supply the same or similar digital content to other users;
      3. may be used on multiple PCs at same IP address, where a site licence is offered;
      4. may not be:
        1. copied by you except for a reasonable number of necessary back-ups
        2. changed by you and then the modified material distributed
        3. distributed or sold by you to any third party
      5. contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
    4. except where you have permission to use the digital content under this clause 6.2 or 6.3, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.
  6. Download
    1. Once you have clicked on the ‘pay now’ button (see clause 4.2 (a)) and received the acknowledgement email (see clause 4.2(c)  you will be given a link to download the digital content by logging into your account and clicking on the download now button
    2. We may deliver your digital content in instalments, for instance for subscription services.
    3. If something happens which:
      1. is outside of our control; and
      2. affects you being able to download the digital content;

we will let you have a revised time for when you can expect to be able to download the digital content. If your computer or device blocks the automatic download of the digital content or the automatic download does not start, you may still have the right to cancel the contract.

  1. Payment
    1. We accept the following credit cards and debit cards: Visa, Mastercard and American Express and through Paypal: Visa, Mastercard, Maestro, American Express. We do not accept cash.
    2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content is secure by using an encrypted secure payment mechanism. 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.
    3. Your credit card or debit card will only be charged when you start to download the digital content.
    4. All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
      1. Verified by Visa
      2. Mastercard®SecureCodeTM
      3. American Express SafeKey
    5. The price of the digital content:
      1. is in pounds sterling (£)(GBP);
      2. includes VAT at the applicable rate; and
  2. Nature of the digital content
    1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the digital content:
      1. is of satisfactory quality;
      2. is fit for purpose; and
      3. matches its description.
    2. We must provide you with digital content that complies with your legal rights.
    3. When we supply the digital content:
      1. we will use all reasonable efforts to ensure that it is free from defects; viruses and other malicious content
      2. we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our website; and
      3. you acknowledge that there may be minor errors or bugs in it.
  3. Faulty digital content
    1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
      1. contact us using the contact details at the top of this page; or
      2. visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
    2. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
    3. Please contact us using the contact details at the top of this page, if you want:
      1. us to repair the digital content;
      2. us to replace the digital content;
      3. a price reduction; or
      4. to reject the digital content and get a refund.
    4. To avoid faults happening, you must:
      1. install any fixes as soon as reasonably possible after we tell you that they are available to be downloaded; and
      2. use it only on the recommended third party software and equipment set out in the guide to its use or on our website
  4. End of the contract
    1. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
  5. Limit on our responsibility to you
    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
      1. losses that:
        1. were not foreseeable to you and us when the contract was formed; or
        2. that were not caused by any breach on our part
      2. business losses; and
      3. losses to non-consumers
  6. Disputes
    1. We will try to resolve any disputes with you quickly and efficiently.
    2. If you are unhappy with:
      1. the digital content;
      2. our service to you; or
      3. any other matter;

please contact us as soon as possible.

    1. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
      1. let you know that we cannot settle the dispute with you; and
      2. you may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal:  https://ec.europa.eu/consumers/odr.
    2. If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
    3. The laws of England and Wales will apply to this contract.
  1. Third party rights
    1. No one other than a party to this contract has any right to enforce any term of this contract.