Terms

1.2               In these Terms, clause headings are inserted for ease of reference and do not affect construction;

 

1.3               In these Terms, references to clauses are to the clauses of these Terms.

 

1.4               Any of the foregoing definitions applies, as the context may require, to the singular or the plural form of the term used.              

 

2. Use of Our Websites

 

2.1               If you are under 16 years of age, please do not use any of the products or services provided by Us.  Please do not provide Us with any information, either through registering for membership, purchasing Course access, joining Our mailing list, or sending Us information about yourself.  In the event that We unknowingly process information from a person under the age of 16, We will delete that information immediately.

 

2.2               Any User may purchase a Course, either for use by themselves (in which case they are the Payer and User), or by another User (in which case one User is the Payer and the other User is the Student).

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2.3               Whilst we aim to provide uninterrupted access to our Websites, it may sometimes be necessary to remove, modify or suspend one or more components where there is a legal, technical or other good reason to do so.  Where possible we will provide Users with advance notice of this.

 

2.4               It is necessary to complete maintenance periodically on our Websites, and this may result in our Websites or their components being unavailable or running degraded for short periods of time.  We will aim to minimise the length of such periods and will aim to complete such work at times of low usage.  Where possible we will provide Users with advance notice of such work.

 

2.5               We reserve the right to remove any functions available on our Websites, with or without notice, at any time.

 

2.6               We do not guarantee that files or other Content that may be accessed or downloaded from our Websites will be free of contaminating or damaging code.  We do not accept any liability should such an event occur.

 

2.7               All Content on our Websites, including but not limited to webpages, text, video, graphics, photographs and audio, are protected by copyright law.  You agree not to download, copy, reproduce, broadcast, publish, share, license or sell any Content on our Websites, without Our written permission.

 

2.8               Users of our Websites agree not to:

 

i. circumvent any technology used to protect our Websites and Content;

ii. circumvent any territorial restrictions applied to our Websites;

iii. interfere, damage or tamper with our Websites by any means, including but not limited the use of viruses, spyware, trojans, worms or any other malicious code;

iv. access the account of any other person;

v. “crawl” our Websites or Content using automated means such as bots, scrapers, crawlers, data miners and spiders, to gather data from our Websites.

 

2.9           Streamlearned shall not be held liable for any failure or delay in fulfilling Course access or delivering services where such failure arises as a result of any act or omission which is outside our reasonable control.

 

2.10         If a User encounters difficulties in using our Websites they should contact Us by using the contact webform available on our Websites.

 

2.11         The User agrees that all information they shall provide to Us shall be complete and accurate.

 

2.12         Streamlearned will take all reasonable care, in so far as it is in our power to do so, to prevent internet fraud and ensure any data collected from the User is stored and transmitted as securely as possible.  However, we cannot be held liable in the unlikely event of a breach in our computer servers or those of third parties.

 

2.13         When using the learning group forums on our Platform, Users agree not to:

 

i.infringe the copyright or other intellectual property rights of a third party;

ii. write anything which defamatory, libellous, obscene, or otherwise unlawful;

iii. post anything which is deemed to offend other Users or third parties.

 

2.14         Users must not license, sublicense, sell, resell, transfer, assign, distribute or otherwise exploit or make available Streamlearned content.

 

3. Membership

 

3.1               The User confirms that they have capacity to enter into a binding contract with Streamlearned.  If the User is below the age of 18, the User must have obtained consent to use Streamlearned from their parent or legal guardian.  As per clause 2.1, persons below the age of 16 must not use Streamlearned.

 

3.2               The creation of a user account on our Platform is free of charge and requires the user to provide the following information: first name, last name, email address, password.  The user must confirm their email address via the link in the confirmation email sent to them.

 

3.3               Members should select a password of reasonable complexity in order to reduce the risk of unauthorised access to their account.  This password should include a combination of lowercase and uppercase letters, numbers and symbols, and should not include words (e.g. “password”) or numbers (e.g. “12345”) that would easily be guessed.

 

3.4               When a Member has finished a session on our Platform, they should log-off in order to prevent unauthorised account access.

 

3.5               The Member must ensure they keep their login details secure and must not provide this information to any third party.

 

3.6               In the event that a Member has reason to believe their account has been accessed by a third party, they should inform Us immediately.

 

3.7               We may suspend or terminate with immediate effect and without notice the user account of any Member if we:

 

i. believe that you have shared your account with another person;

ii. believe that you have breached any of these Terms;

iii. suspect fraudulent or illegal activity by you;

iv. are unable to verify the accuracy or validity of information provided by you.

 

4. Courses

 

4.1               We reserve the right to alter the courses available on our Websites and to discontinue any Course without notice.

 

4.2               We reserve the right to add, remove or modify any course Content without notice.

 

4.3               Streamlearned Courses are provided on an “as is” basis and no condition, warranty or guarantee is offered to the User in relation to the accuracy of the information provided.  The use of a Streamlearned Courses is entirely at the User’s own risk and We cannot be held liable for any loss, damage or injury suffered or incurred as a result.

 

4.4               The course Content provided on our Platform is intended to complement, not substitute, teaching delivered by professional teachers, lecturers, and other educators.  Our Content should assist you in revising the subject material taught in a school, college or other educational establishment.

 

4.5               While every effort has been made to ensure that Content meets all the requirements set out in the relevant course specification issued by the Exam Board, We accept no responsibility should course content be omitted.

 

4.6               We are not liable in any way should you incorrectly answer any question in an exam, coursework, assignment or other form of assessment, which may be administered by an Exam Board, school or other educational organisation.

 

4.7               It is the sole responsibility of the Student to ensure that factual content and methods used to answer questions as part of an assessment, correspond to those taught at the school or educational establishment you attend.

 

4.8               We do not in any way guarantee performance or attainment by Students in formal or informal assessments, which includes but is not limited to, examinations, coursework and assignments.  High levels of attainment in assessments on our Platform, such as the self-marking test questions, is no guarantee of similar levels of attainment in formal examinations.

 

4.9               Our Content is intended for educational and entertainment purposes only.  It is not intended to, and does not, constitute legal, medical, or professional advice and may not be used for such purposes.

 

5. Subscriptions

 

5.1               All Course prices listed on our Websites are correct at the time of publication.  We reserve the right to alter prices in future and without warning.

 

5.2               Any User may purchase a Course, either for use by themselves (in which case they are the Payee and Student), or for use by another User (in which case they are the Payee and the other User is the Student).

 

5.3               Courses purchased on our Platform are intended for the use of the Student only, and must not be accessed by any third party.

 

5.4               Upon purchase of a subscription to access a Course, we grant to the student non-exclusive, non-transferable, limited, personal, revocable, worldwide license to access the purchased Course, for the duration of the Subscription.

 

5.5               Subscriptions provide access to the specified course for a limited amount of time (e.g. one year).  At the end of the subscription period, access to the Course shall be revoked unless a new subscription is purchased.  Subscriptions do not renew automatically.

 

5.6               Subscriptions may not be paused.

 

5.7               Unfortunately we do not offer refunds on subscription purchases.  We make a selection of Content available free of charge so users may sample Courses before making a purchase, and We make available a detailed list of all Content included in each course prior to purchase.

 

5.8               In the event that a user erroneously purchases a different course to the one which they intended, we will transfer the payment to the correct course at no cost.

 

6. Limitation of Liabilities

 

6.1               In no event shall Streamlearned, its parents, subsidiaries, affiliates, officers, directors, shareholders, or employees be held liable for any damages arising out of or in connection with our services.

 

6.2               In no event will Our liability to You in any circumstance exceed the amount of fees you pay to Streamlearned in the 12 months prior to the action giving rise to liability.

 

6.3               You and Streamlearned agree that any cause of action arising out of or related to Our services must commence within six months after the cause of action arose.

 

7. Third Parties

 

7.1               Streamlearned is a private company.  Streamlearned and the Exam Boards and other educational organisations mentioned on the site share no formal contract, affiliation, endorsement, or association with each other.  The Exam Boards and educational organisations mentioned on our Websites do not monitor the quality, validity or completeness of Content available on our Websites.

 

8. Amendments

 

8.1               We reserve the right, at our discretion, to edit, add or remove portions of these Terms at any time.  In the event that such modifications are made, we will post the amended Terms on our Websites and shall notify registered Members by email.

 

9. Law

 

9.1            These Terms constitute the entire agreement between You and Us in relation to Your use of Our Websites, superseding any existing prior agreements.

 

9.2            These Terms shall be governed by and interpreted in accordance with the laws of England and Wales.  We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to hear and determine or otherwise settle all disputes and claims arising out of or in connection with these Terms.

 

9.3            If for any reason any provision of these Terms are found to be unenforceable, the remaining provisions shall continue to be valid to the fullest extent permitted by law.