TERMS AND CONDITIONS OF USE
IMPORTANT: PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS REGARDING YOUR USE OF SQUADUCATION.COM (THE “SERVICE”) BEFORE YOU AGREE TO THEM. By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site.
Contents of the website
This website features a range of video data and content of other forms which we provide (together referred to as website content) which we want you to be able to enjoy in a fair and reasonable way.
The website and all its content is protected by copyright, trade mark rights, database rights and other intellectual property and related rights which are owned by us. You may access this website and view the website content on-screen.
You must not, nor try to, download or copy the video content or make mass, automated or systematic extractions of the website content, or use it to create or include it within another paper or electronic database, or try to re-sell it or re-distribute it.
You must not divulge School User Details or Individual Access User Details or Classroom Keycodes OR permit the use of School User Details or Individual Access User Details or Classroom Keycodes to, persons outside of your licensed establishment or to those who are not, or have ceased to be, your employees, colleagues or students.
A home educators license is valid for one family unit only (one set of parents and their children). Users must not divulge user details or Individual Access Details or Classroom Keycodes OR permit the use of User Details or Individual Access User Details or Classroom Keycodes to, persons outside of your licensed family unit.
Subscription terms and conditions for use of Squaducation.com
By signing an order form or completing a Paypal transaction, you are warranting that you have read and agree to be bound by the terms and conditions of this Agreement, which will form a legal agreement between you and Squaducation. If you do not agree to these terms and conditions, you will not be permitted to use or access the Service or permit anyone else to do so.
These terms and conditions replace and supersede any previous offer of terms and conditions previously posted on any website operated by Squaducation or entered into between you and Squaducation.
You confirm that all details supplied by you when you register for the Service are accurate and complete and you agree to notify Squaducation promptly of any changes to such details. Squaducation may refuse any application to register for the Service in its sole discretion. This Agreement shall not be binding upon the parties until Squaducation has issued acceptance to you by giving you access to site with a user login and password.
You understand that your right to use the Service is dependent upon your payment of all applicable Fees (as defined on the website) when due, and that if you do not pay such Fees when they are due, Squaducation may terminate your access to the Service with or without notice and you will cease to be entitled to use or access the Service.
This Agreement for the use of www.Squaducation.com is between:-
Service Provider: Squaducation Limited, St John's House, 5 South Parade, Summertown, Oxford, OX2 7JL
Customer: With such name and details as provided to Squaducation as part of the registration process on Squaducation.com (“you”).
You should note that “you” means you as the single school, college, home educator or other educational institution or entity which has purchased access to the Service, and does not include any affiliates or other educational entities or institutions which may be connected or affiliated to you. If any such affiliates or other educational institutions or entities wish to use Squaducation.com they must purchase their own license.
You acknowledge that all information and other materials from time to time available via the Service (the "Data") is subject to availability and may be amended or replaced or withdrawn with or without notice at any time.
All rights, title and interest in and to the Service, all components thereof and material therein, any Updates and Upgrades of the Service (see below), and any and all copies of the same, are owned exclusively by Squaducation together with all intellectual property rights in all of the foregoing (including but not limited to copyright, trademarks, database rights, designs and design rights, patents, inventions, know-how, trade secrets, and all other similar rights arising under the laws of any jurisdiction, whether registered or unregistered and including any applications to register the same). As between the parties, Squaducation owns any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. Except as expressly provided by this Agreement, you do not have and are not granted any right, title or interest in or to the Service.
Permitted use and restrictions:
You are responsible for the security and proper use of all usernames and passwords issued to you, your employees and students or your children. You must inform Squaducation immediately if you have any reason to believe that any password issued to you, your colleagues or students has become known to someone not authorised to use it. If Squaducation reasonably believes that there is likely to be a breach of security or misuse of the Service by you or any of your employees, students or children, Squaducation may change the password immediately and will notify you accordingly.
You, your students, children (and in the case of schools, your employees) ("Permitted Users") are permitted to:
1. access, retrieve and display the Service and all material available through the Service on a network, server or on one or more personal computers under your control within the premises of your institution solely for internal use within your institution or family group;
2. access, retrieve and display the Service and all material available through the Service using their Individual Access User Details or Classroom Keycode on their own single personal computer both inside and outside of your premises for use in connection with their learning;
3. in the case only of a Permitted User who is a teacher or home educator, print out .pdf documents or individual screen extracts from the Service to be photocopied as is reasonably necessary for classroom use only within your institution for internal use by Permitted Users and for use outside of the classroom by Permitted Users solely for homework or preparation for such classroom work;
4. in the case only of a Permitted User who is a teacher or home educator, store such printable items in temporary electronic form on disk or on a mobile device as is reasonably necessary to enable the activities described in paragraphs 1 to 3 above.
In the case of a whole-school license, Teachers who cease to be your employees and students who cease to be your students shall cease to be Permitted Users at the time they cease to be employees or students as the case may be.
The activities described in paragraphs 1 to 4 above are referred to in this Agreement as the "Permitted Activities".
You and Permitted Users cannot, and you will not allow Permitted Users to:
1. copy the Service or any part thereof for any purposes not specified above in the Permitted Activities;
2. download the Service
3. include the Service or any part of it in any other product or Service materials;
4. lease, rent, hire, lend, distribute or sell the Service or any part of it or otherwise use the Service for commercial use;
5. use the Service in any way not specified in the Permitted Activities set out above without the prior written permission of Squaducation;
6. remove or obscure any copyright, trademark or other proprietary notice of Squaducation or its licensors from any portion of the Service or from any print outs made from the Service;
7. redistribute any of the Service (including by using it as part of any syndication, content aggregation, library, archive or similar service) unless distribution of a piece of content is specifically permitted in writing on the site;
8. cache any part of the Service in a proxy server unless such proxy server has been provided to you by Squaducation for use with the Service;
9. divulge School User Details or Individual Access User Details or Classroom Keycode to, and/or permit the use of School User Details or Individual Access User Details or Classroom Keycode by, persons who are not, or have ceased to be, your employees or students.
The activities described in paragraphs 1 to 12 above are referred to in this Agreement as the "Prohibited Activities".
You agree that you will draw the terms of this Agreement to the attention of all Permitted Users, that you will ensure that all such Permitted Users comply with these terms and that you will remain exclusively liable for any breaches of these terms by such Permitted Users. For the purposes of this Agreement, all acts and omissions of Permitted Users shall be deemed to be your acts and omissions. If Squaducation reasonably believes that you and/or a Permitted User are, for example, misusing School User Details, it reserves the right to terminate the Service.
You agree to pay Squaducation the subscription fee at the rate which applies for the period of your subscription together with any other charges which Squaducation has notified to you and which you have agreed to ("Fees"); for the avoidance of doubt, in the case where your subscription is renewed, the rate which will apply during such renewed subscription period will be the rate which is stated on the website as applying during such renewed subscription period. Payment of the Fees will be by invoice or by Paypal, at your selection when signing or filling in the online order form. If you elect to pay by invoice, an invoice will be sent to you by email, and your subscription will commence immediately. Invoices will be payable within fourteen  days of the date stated on the invoice. If you do not pay an invoice in cleared funds within this period, Squaducation shall be entitled to (i) charge interest on any outstanding moneys due; and/or (ii) suspend your password and user name, until full payment of the applicable Fee is received by Squaducation. If you elect to pay online, all payments on our website are processed by Paypal a secure online payment gateway that encrypts your card details in a secure host environment. As soon as your online payment has been confirmed to us by Paypal, your subscription will commence.
Promotional and voucher codes:
Offers are only available online at www.squaducation.com.
Squaducation reserves the right to withdraw a promotion at any time or change these terms and conditions.
Voucher codes cannot be used in conjunction with any other voucher or promotional code.
When using voucher codes, the only payment that can be accepted is PayPal.
Term and termination:
This Agreement shall commence on the start date as specified in the invoice sent to you for the Service and shall continue for the Term specified.
You may terminate this Agreement before the end of the Term by giving Squaducation notice in writing at any time. Unless Squaducation is in breach of its obligations to you, you will not be entitled to any refund of the Fees paid by you.
In addition to any other rights Squaducation may have, if: (i) you or any of the Permitted Users are in breach of any of the terms and conditions set out in this Agreement; or (ii) you are made bankrupt, enter into liquidation or any arrangement or composition with your creditors or if a receiver or administrator or administrative receiver is appointed against you or your assets, Squaducation shall have the right to terminate this Agreement without notice and/or to disable your access to the Service and to take action to recover from you any damages suffered by Squaducation as a result.
If Squaducation delays in acting upon a breach of this Agreement by you, that delay will not be regarded as a waiver of the breach. If Squaducation does agree to waive a breach of this Agreement by you, that waiver shall be limited to that particular breach.
Squaducation also reserves the right to terminate this Agreement at any time and for any reason on giving notice to you. If Squaducation terminates your access to the Service pursuant to the immediately preceding sentence, it will refund a proportion of the Fee relating to the remainder of the Term for which you have paid (if any).
The Service primarily consists of short films and related learning resources. Squaducation makes no representation or warranty concerning the suitability, accuracy or fitness for any purpose of the Service. Squaducation is not responsible for any use of the Service by you and/or Permitted Users outside its scope as stated in these terms and conditions.
What Squaducation guarantees: Squaducation shall develop and operate the service with reasonable skill and care. Squaducation shall use reasonable endeavours to make the service available to you and to permitted users 24 hours a day 7 days a week, subject to routine maintenance and site updates and to the section entitled "force majeure" below.
What Squaducation does not guarantee: Squaducation does not give any warranties in respect of the service or any contents of the service. As with any educational program, the benefit derived from the use of the service depends on the skill of and the diligence of those who use it. Squaducation cannot be responsible if some teachers or students or their parents/relations find offence in some of the service whether for religious, ethnic or other reasons. If any offence is caused, it will be completely unintended. Squaducation does not guarantee that the service will never be faulty but Squaducation shall endeavour to correct reported faults with the service as soon as reasonably practicable. Squaducation reserves the right to change, move or delete films and resources from time to time if deemed necessary.
This benefit of the assurances and commitments given and made by Squaducation under this paragraph headed “Limited Warranty” (“the Limited Warranty”) is limited to you and is not transferable.
You will not be entitled to rely upon the Limited Warranty and the Limited Warranty shall be void if any failure of the Service to comply with the Limited Warranty has resulted from accident, abuse, misapplication, neglect, use of the Service or modification of the Service by someone other than Squaducation. In no event shall Squaducation be liable for any damages whatsoever arising out of you accessing the Service other than in accordance with the terms of this Agreement, even if advised of the possibility of such damages. Squaducation will not be liable for any loss or damage of any kind suffered by any party as a result of reliance upon or reproduction of any errors in the content of the Service.
Squaducation does not warrant that the functions of the Service meet your requirements or that the media is compatible with any computer system or network on which it is used or that the operation of the Service will be unlimited or error free. The selection of the Service to achieve your intended results and the installation of, the use of and the results obtained from the Service shall be your sole responsibility. To the maximum extent permitted by applicable law, the entire liability of Squaducation and your only remedy in connection with this Agreement and the Service shall be refund of the Fee paid by you for the Service which failed to meet the Limited Warranty.
No information or advice (oral, written or otherwise) given by Squaducation or Squaducation’s agents or distributors shall create a warranty or in any way increase the scope of the Limited Warranty.
To the fullest extent allowed by applicable law, Squaducation hereby disclaims all other warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of satisfactory quality, merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, availability, lack of negligence or of workmanlike effort. Squaducation offers no assurance of uninterrupted or error-free service nor that the speed of the service will not be adversely affected by factors affecting the internet generally. Neither does Squaducation provide any warranty that the service is free from infection by viruses or anything else that has contaminating or destructive properties.
Limitation of liability:
To the full extent allowed by applicable law, you also agree that Squaducation will not be liable to you for any other indirect, special, consequential, incidental, punitive or exemplary damages whatsoever that arise out of or are related to your or your permitted users' use of or inability to use the service. To the maximum extent permitted by applicable law, Squaducation shall not be liable for any loss or damage of any kind (except for personal injury or death resulting from Squaducation’s negligence or for losses resulting from fraud on the part of Squaducation in which case Squaducation’s liability shall not be limited) arising from the use of or inability to use the service or from errors, deficiencies or faults therein, whether such loss or damage is caused by negligence or otherwise. Without limiting the foregoing, Squaducation and its licensors shall not be liable for special, incidental, consequential, exemplary or other indirect damages, even if Squaducation or its licensors are advised of or aware of the possibility of such damages. In no event shall Squaducation’s and its licensors' aggregate liability exceed the purchase price of the service for a one year period.
You agree to indemnify Squaducation against all costs, claims, damages or expenses arising from any use by you or Permitted Users of the Service and the Data under this Agreement which are brought or threatened against Squaducation by another person.
Notwithstanding anything contained in this Agreement Squaducation shall not be liable for failure or delay in performing any of its obligations because of any cause beyond its reasonable control (including but not limited to (a) decision of any court or other judicial body of competent jurisdiction, (b) unavailability of equipment, power or other commodity, (c) failure or non-availability of Internet or telecommunications facilities, computer hardware or Service, (d) act of God, war, riot, terrorist attack, civil commotion, malicious damage, fires, flood or storm (e) strikes or other industrial disputes (whether involving its workforce or that of any other party) or (f) acts of government or other prevailing authorities or default of suppliers, sub-contractors or other third parties).
This Agreement and any non-contractual obligations arising out of it will be governed by and construed in accordance with the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the courts of England and Wales in relation to any matter arising hereunder. Notwithstanding the preceding sentence, Squaducation shall have the right to seek injunctive or similar relief in any court of competent jurisdiction anywhere in the world in order to protect its intellectual property rights or its rights in its confidential information.
This Agreement represents the entire agreement between you and Squaducation as to the matters dealt with in it and shall prevail over any inconsistent terms or conditions referred to in any purchase order or other correspondence you may submit to Squaducation or its resellers, distributors or agents (which terms shall not be binding on Squaducation).
Squaducation reserves the right to vary or amend these terms and conditions at any time. Squaducation will give you notice of any material variation. By continuing to use the Service following any such modification you will be deemed to have accepted such variations or amendments.
Squaducation may assign its rights and obligations under this Agreement, or may sub-contract performance thereof to any third party.
You may not assign, sub-contract, transfer or sub license any of your rights and obligations under this Agreement to any third party.
If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force.
It is not intended by you or by Squaducation that anyone other than you and Squaducation as the parties to this Agreement be entitled to obtain any benefit under this Agreement or to enforce any of its terms and the Contracts (Rights of Third Parties) Act 1999 is hereby expressly excluded.
Any notices required to be given in writing to Squaducation or any questions concerning this Agreement should be addressed to Squaducation Limited, St John's House, 5 South Parade, Summertown, Oxford, OX2 7JL