Terms and conditions
RISING STARS UK LIMITED
www.risingstars-uk.com TERMS AND CONDITIONS
These terms and conditions (“Terms”) set out the basis on which Rising Stars UK Limited (registered company number 04246700) having its registered office at Carmelite House, 50 Victoria Embankment EC4Y 0DZ (“Rising Stars”) provides you with access to [www.risingstars-uk.com] (the “Website”) and the services and materials which are made available to you through the Website from time to time. Please read these Terms carefully before using the Website.
As well as individual users, the Website may be accessed on behalf of schools (each, a “School”). If you use the Website, including without limitation registering with the Website and/or making purchases on behalf of a School, you acknowledge and agree that the School will be bound by these Terms. You hereby warrant and represent that you have full capacity and authority to enter into legally binding contracts for and on behalf of the School specified during the registration process and that these Terms are enforceable as if they were a written negotiated agreement signed by the School. If the School does not agree to these Terms, when asked whether you agree to these Terms do not click “I accept” and do not use the Website in any way on the School’s behalf.
If you are an individual user, you may access the Website in accordance with these Terms as either an individual teacher from a registered School or as an independent individual without any affiliation to a School. In order to use the Website you must agree to these Terms and must use the Website in accordance with them. If you do not agree to these Terms do not click “I accept” and do not use the Website.
1. INFORMATION ABOUT RISING STARS AND THE WEBSITE
1.1 The Website is owned, managed and operated by Rising Stars, who may be contacted at Rising Stars Customer Services, PO Box 105, Rochester, Kent, ME2 4BE or by email at firstname.lastname@example.org
1.2 The Website allows users to access limited information, materials and tools without registration (“Free Content”). The Website also allows teachers and schools to register to access a portal where they may access and use further information, materials and tools for educational purposes, some of which is provided without charge and some of which will require payment in accordance with these Terms (the “Services”).
1.3 Rising Stars reserves the right to make changes to the Website including its functionalities and content or to discontinue any aspect of the Free Content or the Services made available via the Website at any time.
2.1 In order to use the Services, you must first make a registration application by completing the order form made available to you via the Website (“Registration Form”). You must stipulate on the Registration Form whether you are applying either on your own behalf as an individual (“Individual”), or as a teacher linked to a School (“Teacher”).
2.2 By using the Website and registering to use the Services, you warrant that: a) you are legally capable of entering into binding contracts; b) if you’re an individual, you are at least 18 years old; c) you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms; d) that all information you provide to Rising Stars is true, accurate and correct and that you shall promptly notify Rising Stars in the event of any changes to such information; and e) if you apply as a Teacher, that you are a member of the School’s current staff list at the time of submitting your Registration Form and you acknowledge and agree that actions you take on the Website, including without limitation purchasing Services, shall be done on behalf of the School and further that you have the necessary authority to take such steps on the School’s behalf.
2.3 By submitting a completed Registration Form, you consent to Rising Stars conducting verification and security procedures in respect of the information provided during the registration process or at any time during the course of your use of the Website or the Services, including without limitation making contact with the School to verify your position as a Teacher.
2.4 Following the completion and submission of Registration Form, you shall be sent a verification email (“Verification Email”) to the email address you provided on the Registration Form. This Verification Email will contain details of how to activate your account (“Account”).
2.5 If you have stipulated on the Registration Form that you are registering as a Teacher at a school your Account will be deemed a “School Account” and if you have stipulated on the Registration Form that you are registering as an Individual your Account will be deemed an “Individual Account.”
2.6 Notwithstanding any of the foregoing, we reserve the right to accept or reject your application to register for the Website and refuse you access to the Website.
3. ACCESSING THE WEBSITE
3.1 Rising Stars shall use reasonable endeavours to ensure that access to the Website and Services is available at all times and free from errors, however you hereby acknowledge and agree they may not be accessible from time to time. Wherever possible all scheduled service interruptions shall take place outside of office hours and prior written notice of such scheduled service interruptions shall be given.
3.2 We may suspend Your access to the Website, whether wholly or partly, at any time without notice to You if any of the following events occur:
a) the third party services and network providers cease to make the third party service or network available to us;
b) We are undertaking repairs, planned maintenance or upgrades to the Website;
c) We believe that you or someone using your registration details for your Account, including your username and password ("Login Details") has failed to comply with one or more of these Terms;
d) We believe that there has been fraudulent use, misuse or abuse of features or functionalities of the Website (in whole or in part);
e) We believe that you have provided us with any false, inaccurate or misleading information; or
f) We believe that you are not acting in a personal capacity or authorised to act on behalf of a legitimate organisation; and Rising Stars shall not be liable to You for any such suspension of Your access to the Website.
3.3 You further agree that at all times, you shall:
a) keep your Login Details confidential and secure;
b) not use your Login Details with the intent of impersonating another person;
c) not allow any other person to use your Login Details;
d) promptly notify us in the event there is a breach of security or any unauthorised use of your Login Details. we may be contacted by email at email@example.com;
e) not use the information presented on or obtained using the Website or the Services for any purposes other than those expressly set out in these Terms;
f) not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or the Services or in respect of the network;
g) not use the Website, the Services, the content therein and/or do anything that will infringe the Intellectual Property Rights (as defined in clause 6.1) or other rights of any third parties;
h) comply with all instructions and policies we may provide to you from time to time in respect of the Website;
i) co-operate with any reasonable security or other checks or requests for information made by us from time to time; and
j) use the information made available to you on the Website and/or through the provision of the Services at your own risk.
3.4 In the event that we, in our sole and absolute discretion, consider that you have breached any of the terms set out in this clause 3, we reserve the right to take any action that we deem to be necessary, including without limitation, disabling your Login Details, suspending your access to the Website (in whole or in part) or terminating your use of and access to the Website (either for you personally or for the School as a whole); and in the case of illegal use, the instigation of legal proceedings as appropriate.
4. PURCHASING MATERIALS
4.1 In order to purchase any of the Services, including without limitation any of the paid-for materials made available via the Website (“Materials”), you shall be required to complete the online form (“Order Form”) on the Website.
4.2 Upon completion of the Order Form you will be directed to our payments screen in order to make payment for the Services. If the order is being placed by an Individual, payment must be made directly via the Website and, if the order is being placed by a Teacher, payment shall be permitted either directly via the Website or via an invoice in accordance with clause 5. Such payment or selection of the payment by invoice option will result in you having placed an order (“Order”) for the Services.
4.3 After placing an Order, you will receive an e-mail acknowledging that Rising Stars has received your Order (“Order Confirmation Email”). Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to purchase the Services and is subject to acceptance by Rising Stars. We will confirm such acceptance to you: a) if you have purchased Services that will be made available via your Account, including the provision of Materials in a digital format, by making the appropriate Services accessible to you in your Account; or b) if you have purchased Materials that will be provided in a hard copy format, by emailing you to confirm the appropriate Materials have been dispatched to you (following which any digital Services which are to be made available as a result of your purchase of the hard copy Materials shall be accessible via your Account), and the contract between us for the purchase of the Services will only be formed when one of the events stipulated in clause 4.3(a) or clause 4.3(b) occurs (“Contract”).
4.4 The Contract will relate only to those Services we have confirmed in accordance with clause 4.3(a) or 4.3(b). We will not be obliged to supply any other Services which may have been part of your Order until we have confirmed their availability in a separate confirmation.
4.5 Rising Stars will deliver the Services in accordance with clause 4.3. The delivery method of the relevant Materials and charges for the relevant delivery method (if applicable) shall be as advertised upon the Website. In the event that the delivery charges for the particular are not included in the Price, this shall be stipulated on the Website and such charges shall be payable when making payment of the Price.
5. PRICE AND PAYMENT
5.1 The price(s) of the Services will be as quoted on the relevant Order Form, except in cases of obvious error (“Price”).
5.2 The Price(s) quoted on the Website shall indicate if VAT is payable.
5.3 In the event that the ‘invoice’ payment option made available and selected by you on the Order Form, Rising Stars shall issue an invoice to the School for the Services. The School shall pay Rising Stars all amounts due within 14 days of receipt of the invoice (the “Due Date”).
5.4 All payments made or to be made under these Terms shall be made in full, without any deduction, withholding, set-off or counterclaim on account of any taxes or otherwise. Rising Stars reserves the right not to process your Order and/or withhold access to the Services if Rising Stars has not received payment of the Price and any other additional charges, including without limitation any applicable taxes.
5.5 Rising Stars reserves the right to charge interest on any payment not made by the Due Date. Interest will be calculated on a daily basis, both before and after any judgement, at the rate of 4 per cent per annum above the base rate from time to time of Bank of England, for the period from the Due Date until the date on which it is actually paid, compounded quarterly and payable on demand.
5.6 Due to the nature of the business, you acknowledge and agree that the Price may be subject to change and variation from time to time, subject always that any changes to the Price shall not be applicable to you once you have submitted your Order to Rising Stars.
5.7 Rising Stars shall use its reasonable endeavours to ensure that the Price(s) advertised on the Website are accurate and correct at all times. However, you acknowledge and accept that Services may at times be incorrectly priced. Where there is a discrepancy between the actual Price and the advertised Price, Rising Stars shall inform you of the actual Price. Thereafter, you shall have the option of proceeding with your Order in consideration for the actual Price or cancelling your Order.
5.8 Prices may be increased by Rising Stars from time to time, save that no increase may be made for any period for which an advance payment has been made. If you and/or the School does not agree to the increase in the Price for a Service provided on a subscription basis, it shall be entitled to terminate the Contract for that Service by giving not less than fourteen (14) days written notice, provided such notice is received by Rising Stars prior to the increase taking effect.
5.9 In the event that You are resident outside the United Kingdom, Rising Stars shall not be responsible for any additional taxes due including but not limited to importation taxes, sales taxes and any other taxes and charges that may be levied at the delivery destination.
5.10 Rising Stars uses third party payment handlers to process payments and you agree that you have given Rising Stars permission to do so by complying with these Terms.
6. DELIVERIES AND RIGHTS TO USE THE MATERIALS
6.1 Nothing in these Terms will serve to transfer from Rising Stars ownership of any Intellectual Property Rights in the Website, the Free Content or the Services, including without limitation in any Materials. Intellectual Property Rights include all trade marks, trade names, domain names, right in designs, copyrights, moral rights, rights in databases and know-how, in all cases whether or not registered or registrable, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world (“Intellectual Property Rights”). Save for the limited licence expressly set out herein, all right, title and interest in and to the Services will remain exclusively with Rising Stars (and its licensors).
6.2 With respect to Free Content, Rising Stars hereby grants you a personal, non-transferable, non-exclusive licence to use the Free Content solely for the purposes of evaluating a sample of the services offered by Rising Stars and using the Free Content for educational purposes. Unless expressly stated on the Website in the description of the specific Free Content, you may not use Free Content for any other purpose. You hereby acknowledge and agree that access to and right to use any Free Content may be suspended or terminated at any time. This licence shall not permit you to use the Free Content for any commercial purposes, nor make any copies of the Free Content, including without limitation any back-up or archival copies.
6.3 If you purchase the Services through a School Account, Rising Stars grants the School a non-exclusive, non-assignable, non-sub-licensable licence to: a) access the Services and to download, store, reproduce, transmit, display, copy, upload onto the School’s intranet and distribute the Materials strictly for the School’s internal teaching purposes (“Permitted Use”); and b) provide access to such Services in accordance with the Permitted Use within the School and only by teachers listed upon the School’s staff list, strictly for the period during which such teacher(s) are listed upon the School’s current staff list,
6.4 If you purchase the Services through an Individual Account, Rising Stars grants you a non-exclusive, non-assignable, non-sub-licensable, personal licence to use the Services strictly for your own individual teaching purposes.
6.5 If a Teacher is removed from a School staff list for any reason, the School must immediately notify Rising Stars using the contact details made available on the Website. From the time that the Teacher is removed from a School staff list all rights granted to the Teacher in accordance with these Terms, including without limitation access to the Services and the Materials, shall be revoked. Any and all documents, information and materials of any kind obtained by the Teacher through the provision of the Services, and any copies thereof, must be destroyed immediately.
6.6 The licences granted in clauses 6.3 and 6.4 shall not permit any Teacher, Individual, School nor any other person or organisation to do any of the following without the prior written consent of Rising Stars:
a) transfer the licence granted in clause 6.3 and/or 6.4;
b) download, store, reproduce, transmit, display (including without limitation display on any extranet site), edit, upload, incorporate into any other materials, copy, sell, publish, distribute, provide access to or otherwise use the Materials for any purposes other than those expressly set out in clause 6.3 and/or 6.4;
c) sub-license, rent, lease, transfer or assign any Intellectual Property Rights in the Website, the Services or the Materials to any other person, or attempt to do any of the foregoing;
d) remove, modify, alter or using any registered or unregistered marks/logos/designs owned by Rising Stars or our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Rising Stars or its licensors or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Rising Stars;
e) disclose the Materials nor any documents, information and materials made available to you through the provisions of the Services, whether in part or in their entirety to any third party, including any associated or affiliated company;
f) in any way commercially exploit any of the content of the Materials or any documents, information and materials made available to you through the provisions of the Services for any purposes other than those set out in clause 6.3 and/or 6.4; or
g) use the Services, including without limitation the Materials, for any unlawful purpose.
6.7 Some Free Content and Services provided by Rising Stars may be delivered in partnership with an educational organisation or institution providing accreditation or an award of qualification in relation to such Services (such organisation or institution, an “Accreditation Partner”). Where applicable, your use of such Free Content and/or Services shall be in accordance with these Terms but also subject to that Accreditation Partner’s policies, rules, regulations and institutional code of practice that may apply to you. Rising Stars accepts no responsibility or liability for the application or operation of the Accreditation Partner policies and regulations, the terms of which shall be between you and the Accreditation Partner. To the extent that Rising Stars is reliant on the Accreditation Partner to provide certain Free Content and/or Services or related components, functions and other obligations relating to any such Free Content and/or Services, you acknowledge and agree that Rising Stars shall not be liable for any default or delay on the part of the Accreditation Partner in respect of such obligations.
7. CANCELLATION RIGHTS AND RETURNS
7.1 Subject to clause 7.2 below, you reserve the right to cancel the contract at any time within thirty (30) days (“Cancellation Period”), beginning on the day after the day you receive your Order. To cancel an Order, you must inform Rising Stars using the contact details made available to you on the Website at any time within the Cancellation Period.
7.2 In this case, you will receive a full refund of the monies paid to Rising Stars for the Services pursuant to that Order, no later than thirty (30) days from the date of receipt by Rising Stars of your notification to cancel in accordance with the provisions of this clause 7.
7.3 You understand and agree that if you fail to comply with clause 7.1, Rising Stars shall be entitled to refuse your request to cancel during the Cancellation Period or to refund you the Price you paid to Rising Stars for the cancelled Order.
7.4 If at any time you cancel or return any hard copy Materials purchased from Rising Stars, you acknowledge and agree that Rising Stars shall be entitled to revoke access to any online or soft copy Materials provided to you pursuant to your purchase of the hard copy Materials with immediate effect.
7.5 In the event that any Materials delivered to you are inherently defective or damaged, Rising Stars shall provide you with replacement of your Order, or if such Materials are unavailable, then an alternative which is of the same or similar quality or value.
7.6 Notwithstanding clause 7.5, you understand that the use of any digital or electronic Services or any part thereof shall be dependent on you having the necessary computer resources and internet access and Rising Stars shall not be liable to refund and/or compensate you where the Services are unusable by you because you do not have the necessary resources or access.
8. ORDERS OUTSIDE THE UNITED KINGDOM
8.1 If you access the Website and make purchases from a location or on behalf of an School based outside the United Kingdom you shall be responsible for complying with all applicable local laws and you hereby acknowledge and agree that Rising Stars: a) shall not take any of the steps listed in clauses 4.3(a) or 4.3(b) until payment of the Price and any other additional charges, including without limitation any applicable taxes, have been received in full; and b) does not represent or warrant that the Website or the Services are appropriate or lawful in locations outside the United Kingdom, or that the Services, Materials and/or the delivery thereof comply with any legal or regulatory requirements of any applicable local law of the location in which you are currently situated
9.1 Throughout the term of these Terms, subject to payment of the relevant Price for the relevant Services, Rising Stars shall provide use reasonable endeavours to provide support assistance regarding the use of the Services (“Support”). Such Support shall be made available by e-mail and telephone, using the support contact details made available on the Website, between 9.00am and 5.30pm (UK time), Monday to Friday (excluding bank and public holidays).
9.2 Provided always that the relevant Price has been paid to Rising Stars in respect of the relevant Services, Rising Stars shall use its reasonable endeavours to respond to Support calls as soon as reasonably practicable and provide a rectification to any material errors identified and reported to Rising Stars.
9.3 For the avoidance of doubt, the provision of Support shall be subject to fair and reasonable use and Rising Stars shall be entitled to levy additional charges if in Rising Stars’ reasonable determination, the reasonable provision of Support has been exceeded or abused.
9.4 Support shall not include the diagnosis and rectification of any error or defect resulting from: a) the improper use, operation or neglect of the Website, the Services or the Materials; b) the use of the Website, the Services or the Materials for a purpose for which it was not designed; c) a fault in the equipment, software used by you or the School or third party software or applications or any upgrade or new release in respect thereof; d) loss or damage caused directly or indirectly by operator error or omission; or e) rectification of lost or corrupted data arising for any reason, including through the School’s or any individual users’ own negligence.
10. ADDITIONAL OBLIGATIONS
10.1 You agree that you are solely responsible and liable for all activities on the Website carried out by your use of the Website and through your Login Details, including without limitation for your actions taken on behalf of a School.
10.2 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
10.3 By breaching this clause 10, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
10.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
11. WARRANTIES AND LIMITATION OF LIABILITY
11.1 Rising Stars cannot guarantee and does not warrant or represent that any specific results will be produced by the Website, the Services and/or the Materials. Except as expressly set out herein, to the maximum extent permitted by law, Rising Stars expressly excludes all representations, warranties, obligations and liabilities in connection with the Website, the Free Content, the Services and the Materials, including but not limited to the warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed.
11.2 The contents of the Free Content and the Services, including without limitation the Materials, and the commentary and other materials posted on or made available to you via the Website are not intended to amount to advice on which reliance should be placed. Subject to clause 11.5, to the maximum extent permitted by law, Rising Stars shall not be liable for any loss, expenses, costs or damage caused in whole or part by, or resulting from your actions taken as a result of, the use of or reliance on the Website, the Free Content, the Services and/or the Materials by you, a School, any visitor to the Website or by anyone who may be informed of any of its contents.
11.3 Subject to clause 11.5, the maximum aggregate liability of Rising Stars (including its respective agents and sub-contractors) under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed in aggregate the Price(s) paid to Rising Stars in the twelve months prior to the month in which the event or series of events giving rise to the claim first arose.
11.4 Subject to clause 11.5, in no event shall Rising Stars be liable for: a) any loss of profits, loss of data, loss of business or business benefit, or the cost of your procurement of substitute products or services, business interruption, loss of management time, loss of use, loss of contracts, loss of opportunity, loss of goodwill; or b)any special, indirect, incidental or consequential losses of any nature whatsoever; whether or not caused by or resulting from its negligence or a breach of its statutory duties or a breach of its obligations hereunder, howsoever caused even if it is advised of the possibility of such loss.
11.5 For the avoidance of doubt, nothing in these Terms shall be deemed to exclude, restrict or limit liability of either party (or their respective agents or sub-contractors) for death or personal injury resulting from their negligence or any liability for fraud or fraudulent misrepresentation.
11.6 This clause 11 shall survive the termination of this Agreement for whatever cause.
12. PRIVACY AND DATA PROTECTION
13. EVENTS OUTSIDE OUR CONTROL
13.1 Rising Stars will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a) strikes, lock-outs or other industrial action
b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) impossibility of the use of public or private telecommunications networks; and
f) the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
If you have reason to believe that any of the terms herein have been breached or you have a complaint to make, please e-mail us at: firstname.lastname@example.org or write to us at Rising Stars, Rising Stars Customer Services, PO Box 105, Rochester, Kent, ME2 4BE. All notification and communication to Rising Stars should be sent to the contact details provided herein.
15.1 If Rising Stars fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by Rising Stars of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by Rising Stars of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15.4 For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
15.5 If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
15.6 These Terms and any document expressly referred to in them represent the entire agreement between you and Rising Stars in respect of your use of the Website and the Services and shall supersede any prior agreement, understanding or arrangement between you and Rising Stars, whether oral or in writing.
15.7 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and Rising Stars except as expressly set out in these Terms.
15.8 These Terms are governed by and construed in accordance with English law. The Courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Terms.
Some of Rising Stars digital products require the provision of personal and pupil data. Full terms and conditions can be found here.