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TERMS & CONDITIONS

OUR TERMS

 

1.              THESE TERMS

1.1            What these terms cover. If you subscribe for a membership with us then these are the terms and conditions on which we provide you with access to our digital content. The digital content we provide includes being able to stream various online tutorial videos and download supporting written materials and resources in relation to the subjects which you have chosen to subscribe for.

1.2            Why you should read them. Please read these terms carefully before you subscribe for a membership with us. These terms tell you who we are, how we will provide the digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3            Your rights under these terms. In some areas you will have different rights under these terms depending on whether you are a consumer or not. You are a consumer if you are an individual and you are buying digital content 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 single-user then it is likely you are a consumer. If you are a multi-user then you are not a consumer. Please see clause 4.3 which explains the difference between single-user and multi-user memberships.

1.4            If you are not a consumer then this is our entire agreement with you. If you are not a consumer these terms (together with your purchase order, where applicable) constitute the entire agreement between us in relation to your purchase. 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 or negligent misstatement based on any statement in this agreement.
 

2.              INFORMATION ABOUT US AND HOW TO CONTACT US

2.1            Who we are. We are London House Media Limited (trading as Positive Charge), a company incorporated and registered in England and Wales with company number 10353051 whose registered office is at Riders Cottage, Bagshot Road, Ascot, Berkshire, United Kingdom, SL5 9JN. Our registered VAT number is 252 7863 82

2.2            How to contact us. You can contact us by writing to us at: admin@positive-charge.co.uk.

2.3            How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your subscription order.

2.4            “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
 

3.              OUR CONTRACT WITH YOU

3.1            How we will accept your subscription if you are a single-user. Once you have submitted your order for a membership through our website, our acceptance of your subscription for a membership will take place when we email you a receipt for payment to confirm acceptance, at which point a contract will come into existence between you and us.

3.2            How we will accept your subscription if you are a multi-user. Once you have signed and returned a purchase order to us, our acceptance of your subscription for a membership will take place when we email or write to you to confirm acceptance, at which point a contract will come into existence between you and us.

3.3            If we cannot accept your subscription. If we are unable to accept your subscription, we will inform you of this and will not charge you for the digital content. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the digital content.

3.4            You must be at least 18 years old. Whilst we acknowledge that the digital content will be used mainly by GCSE students, our contract is strictly with either:

(a)        the debit or credit card holder who purchases a single-user membership through our website; or

(b)        the individual or entity who signs our purchase order for a multi-user membership,

and in either case this person (in the case of an individual) must be at least 18 years old.

3.5            You are responsible for ensuring that the authorised users comply with these terms. You must ensure that each user who creates a profile under your membership on our website for the purposes of accessing the digital content complies with these terms and conditions and you are solely responsible in the event that any such user breaches any of these terms and conditions.
 

4.              PROVIDING THE DIGITAL CONTENT

4.1            When we will provide the digital content. If you subscribe for a single-user membership, we will make the digital content available for streaming and download by you as soon as we accept your subscription for membership. If you subscribe for a multi-user membership, we will make the digital content available for streaming and download by you as soon as reasonably practical after receiving from you the names and email addresses of the authorised users for whom you intend to create profiles under your multi-user membership. We will supply the digital content to you until your membership expires or you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 8. To receive the digital content you must have Internet access and you must provide us with a current, valid, accepted method of payment, which you may update from time to time.

4.2            The length of your membership. For each subject which you subscribe for, your membership will begin on the day we make our digital content available to you and it will continue until you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 8. If you have made an upfront payment for a fixed period subscription and you decide to end the contract before the end of the relevant fixed period, your membership will continue until the end of that fixed period. Please note, in no circumstances will your membership expire automatically. Once your membership has been terminated you will no longer have access to our digital content, other than any free sample tutorials available on our website.

4.3            Single-user and multi-user memberships. We offer two different levels of membership:

(a)        Single-user – This level of membership will give the subscriber one profile with a username and password for logging in and accessing our digital content. The profile must only be used by one person and you will be unable to log in from different computers, tablets or handheld devices at the same time. A single-user membership is appropriate for use by a GCSE student.

(b)        Multiuser – This level of membership will give the subscriber multiple profiles with the ability to create multiple usernames and passwords. The number of profiles which you will have the ability to create will be as set out in your purchase order. A multi-user membership is appropriate for a school wishing to distribute different user profiles to its pupils.

4.4            You must keep your password secret and safe. You are responsible for ensuring that the usernames and passwords used to access our digital content are not revealed to any third parties other than the person who has created a profile under a single-user membership or the authorised users who have created profiles under a multi-user membership.

4.5            You must not share, distribute or copy the digital content. You agree not to share or distribute any of the digital content to any third party other than the person who has created a profile under a single-user membership or the authorised users who have created profiles under a multi-user membership.

4.6            You agree not to use our digital content for public performances. You must not at any time play our tutorials to any third parties other than the person who has created a profile under a single-user membership or the authorised users who have created profiles under a multi-user membership.

4.7            We reserve the right to monitor your use of the digital content to ensure that you comply with clauses 4.4, 4.5 and 4.6.

4.8            We are not responsible for delays outside our control. If our supply of the digital content is delayed by an event outside our control then 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 digital content you have paid for but not received.

4.9            What will happen if you do not give required information to us. We will need certain information from you if you wish to subscribe for a membership, for example, we will need your name, your email address, a secure password and credit or debit card details in order to take payment for the subscription. We also need the name and email address of each person who will be creating a profile under your membership. If you do not give us this information when you subscribe for a membership, or if you give us incomplete or incorrect information, we may either refuse to provide you with a membership or we may 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 digital content late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

4.10         Reasons we may suspend the supply of digital content to you. We may have to suspend the supply of digital content to:

(a)        deal with technical problems or make minor technical changes;

(b)        update the digital content to reflect changes in the GCSE syllabus or relevant laws and regulatory requirements;

(c)         make changes to the digital content as requested by you or notified by us to you (see clause 5);

(d)        correct any errors or mistakes in the digital content.

4.11         Your rights if we suspend the supply of digital content. We will contact you in advance to tell you we will be suspending supply of the digital content, unless the problem is urgent or an emergency. If we have to suspend the digital content for longer than 7 days we will adjust the price of your next monthly instalment or issue you with a partial refund so that you do not pay for digital content while they are suspended. You may contact us to end the contract if we suspend digital content, or tell you we are going to suspend them, in each case for a period of more than 14 days and we will not charge you for any remaining monthly instalments otherwise due after you end the contract or, if you have made an upfront payment, we will refund you a prorated amount for any months of your membership period which you have paid for but did not have access to the digital content.

4.12         We may also suspend supply of the digital content if you do not pay. If you do not pay us for the digital content when you are supposed to (see clause 10.4) and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the digital content until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the digital content. We will not suspend the digital content where you dispute a payment or invoice (see clauses 10.10 and 10.10). We will not charge you for the digital content during the period for which they are suspended. As well as suspending the digital content we can also charge you interest on your overdue payments (see clause 10.9).
 

5.              OUR RIGHTS TO MAKE CHANGES

5.1            Minor changes to the products. We may change the digital content:

(a)        to reflect changes in the GCSE syllabus or in relevant laws and regulatory requirements;

(b)        to correct any errors or mistakes in the digital content ; and

(c)         to implement minor technical adjustments and improvements. We hope that these changes will not affect your use of the digital content but, unfortunately, occasionally you might lose your access to the digital content whilst we make these changes.

5.2            More significant changes to the digital content and these terms. In addition, we may make significant changes to these terms or to the digital content, but if we do we will notify you and you may then contact us to end the contract before the changes take effect and we will not charge you for any remaining monthly instalments otherwise due after you end the contract or, if you have made an upfront payment, we will refund you a prorated amount for any months of your membership period which you have paid for but did not have access to the digital content.

5.3            Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
 

6.              YOUR RIGHTS TO END THE CONTRACT

6.1            You can always end your contract with us.  Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or not:

(a)        If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get some or all of your money back), see clause 9;

(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 6.2;

(c)         If you are a consumer and have just changed your mind about the digital content, see clause 6.3;

(d)        In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.4.

6.2            Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (f) below the contract will end immediately and we will not charge you for any remaining monthly instalments otherwise due after you end the contract or, if you have made an upfront payment, we will refund you a prorated amount for any months of your membership period which you have paid for but did not have access to the digital content and you may also be entitled to compensation. The reasons are:

(a)        we have told you about an upcoming significant (i.e. not minor)  change to the digital content or these terms which you do not agree to (see clause 5.2).

(b)        we have told you about an error in the price or description of the digital content you have ordered and you do not wish to proceed;

(c)         there is a risk that supply of the digital content may be significantly delayed because of events outside our control;

(d)        we have suspended supply of the digital content for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days;

(e)        we increase the price of our subscription fee in accordance with clause 10.7; or

(f)          you have a legal right to end the contract because of something we have done wrong.

6.3            How long do I have to change my mind? If you are a consumer then you have 14 days after the day we email you to confirm acceptance of your subscription, or, if earlier, until you start downloading or streaming the digital content.  If we delivered the digital content to you immediately, and you agreed to this when you subscribed for your membership, you will not have a right to change your mind. If you are not a consumer, you will not have a right to change your mind.

6.4            Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the contract, but if we have already made the digital content available for streaming and downloading then you will not be entitled to a refund but we will not charge you for any remaining instalments.
 

7.              HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a)        Clicking ‘X’. If you are a single-user, you can simply log in to your profile, go to ’my subscriptions’ and click the ‘X’ next to the relevant membership you wish to cancel.

(b)        Email. Email us at support@positive-charge.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(c)         Online. Complete the ‘Subscription Cancellation Form – SC1‘ digitally or by hand and email it back to us at support@positive-charge.co.uk.
 

8.             OUR RIGHTS TO END THE CONTRACT

8.1            We may end the contract if you break it. We may end the contract for our digital content 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 30 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 digital content;

(c)         we discover that you have given your username and password to a third party (other than the person who has created a profile under a single-user membership or the authorised users who have created profiles under a multi-user membership) to enable them to access the digital content without subscribing for their own membership;

(d)        we discover that you have played our tutorials or distributed our downloadable resources to any third parties other than the person who has created a profile under a single-user membership or the authorised users who have created profiles under a multi-user membership; or

(e)        you break any terms of this contract.

8.2            You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 you will not be entitled to a refund and you will still be obliged to pay all outstanding payments due to us under the terms of your subscription.

8.3            We may withdraw the digital content. We may write to you to let you know that we are going to stop providing the digital content. We will let you know at least 30 days in advance of our stopping the supply of the digital content and you will not be charged for any future monthly payments which may be due to us under the terms of your subscription or, if you have made an upfront payment, we will refund you a prorated amount for any months of your membership period which you have paid for but did not have access to the digital content.
 

9.              IF THERE IS A PROBLEM WITH THE DIGITAL CONTENT

9.1            How to tell us about problems. If you have any questions or complaints about the digital content, please contact us. You can write to us at support@positive-charge.co.uk or Riders Cottage, Bagshot Road, Ascot, Berkshire, United Kingdom, SL5 9JN.

9.2            Summary of your legal rights if you are a consumer. We are under a legal duty to supply digital content that is in conformity with this contract. See the box below for a summary of your key legal rights if you are a consumer in relation to the digital content. Nothing in these terms will affect your legal rights.

 

Summary of your key legal rights if you are a consumer.

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

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

 

10.            PRICE AND PAYMENT

10.1         Where to find the price for the digital content. If you are a single-user, the price of the digital content (which includes VAT) will be the price indicated on the order pages when you subscribe for your membership. We take all reasonable care to ensure that the price advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price. If you are a multi-user, the price of the digital content (which includes VAT) will be as set out in your purchase order.

10.2         We will pass on changes in the rate of VAT. If the rate of VAT changes between the date you subscribe for membership and the date we make the digital content available for streaming and download by you, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

10.3         What happens if we got the price wrong. It is always possible that, despite our best efforts, sometimes the subscription fees for membership may be incorrectly priced. We will normally check prices before accepting your subscription so that, where the correct price at your subscription date is less than our stated price at your subscription date, we will charge the lower amount. If the subscription’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 subscription.

10.4         When you must pay and how you must pay if you are a single-user. We accept payment with Visa, MasterCard and American Express. You must provide us with correct credit or debit card details before you download or stream any of our digital content. If you subscribe for our rolling monthly payment plan then payment will be taken for the membership fee for our service on a monthly basis on the calendar day corresponding to the day we accept your subscription order until you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 8.  In some cases the day on which we take payment may change, for example if your payment has not successfully settled or if your paying membership began on a day not contained in a given month. Sometimes, we may offer a fixed period membership for our digital content for an upfront payment, in which case payment will be taken in full for the entire membership period on the day we accept your subscription order.

10.5         In no circumstances will your membership expire automatically. If you pay upfront for a fixed period membership, you must cancel your membership before the end of the relevant fixed period or your membership will be automatically renewed and payment will be taken by us in respect of an additional fixed period.

10.6         When you must pay and how you must pay if you are a multi-user. We shall invoice multi-users on or at any time after we accept your order for the digital content and you must pay each invoice submitted by us within 30 days of the date of the invoice in full and in cleared funds to a bank account nominated in writing by us and time for payment shall be of the essence.

10.7         Purchasing additional profiles. If you are a multi-user then you may, from time to time during the period of your membership, purchase additional profiles in excess of the number of required profiles specified in your purchase order.  If you do wish to purchase additional profiles, you should notify us of your request in writing. If we approve your request we will confirm this to you in writing and issue you with an invoice for the additional profiles.

10.8         Changes to the price. We may change the price of our subscription fees from time to time; however, we will notify you of this by writing to you at the email address or postal address you provided to us in your subscription order and the price change will apply to you no earlier than 30 days following such notice to you.

10.9         We can charge interest if you pay late. 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 4% a year above the base lending rate of the Bank of England 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.

10.10       What to do if you think a payment is wrong. If you think that a payment which we have taken is wrong please contact us promptly to let us know.

10.11       What to do if you think an invoice is wrong. 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.
 

11.            OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1         We strongly advise that you make no attempt to copy or replicate any of the experiments or demonstrations that you see in the tutorials. We are not responsible for any loss or damage suffered by you or any third party as a result of any attempt to copy or replicate anything you have seen in the tutorials or digital content.

11.2         We cannot guarantee the accuracy of any of the information provided in the digital content. Whilst we will do our best to ensure that the tutorials and the downloadable resources are free from mistakes, we are not responsible or liable for any loss or damage suffered by you or any third party as a result of inaccurate information contained anywhere in the digital content.

11.3         We provide no guarantee for improved grades. Whilst we are confident that we can help you improve your knowledge on the subjects you have subscribed for, we do not provide any guarantee or promise that the students using the digital content will improve academically or ascertain a higher result in any exam than if they had not accessed the digital content.

11.4         We are not responsible for any user submitted content. As part of your membership you will be able to create your own profile identity and this will include being able to upload a profile picture. The picture will not be seen by anybody else and is hosted by a third party service provider. The picture you choose must not be sexually explicit, pornographic, offensive, inflammatory, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory or racially, ethnically or otherwise objectionable. In any event, we are not responsible for any profile picture or any other user submitted content.

IF YOU ARE A CONSUMER:

11.5         We are responsible to you for foreseeable loss and damage caused by our breach of these terms. 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.

11.6         We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes 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 digital content as summarised at clause 9.2; and for defective products under the Consumer Protection Act 1987

11.7         Defective digital content. 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.

11.8         We are not liable for business losses. We only supply the digital content to consumers for domestic and private use. If you use the digital content for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

IF YOU ARE NOT A CONSUMER:

11.9         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; or

(d)        defective products under the Consumer Protection Act 1987; or

(e)        any matter in respect of which it would be unlawful for us to exclude or restrict liability.

11.10       Except to the extent expressly stated in clause 11.9 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.

11.11       Subject to clause 11.9:

(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 sums paid by you for digital content under such contract.
 

12.            HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1         How we will use your personal information. We will use the personal information you provide to us:

(a)        to supply the digital content to you;

(b)        to process your payment for the digital content; and

(c)         if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

12.2         Some of the personal details which you provide during the ordering process are not held or stored by us. We use a third party payment facilitator who stores and processes your personal details, for example, your name, email address, password and credit or debit card details.

12.3         We will only give your personal information to other third parties where the law either requires or allows us to do so.
 

13.            OTHER IMPORTANT TERMS

13.1         We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

13.2         You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3         Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

13.4         If a court finds part of this contract illegal, the rest will continue in force. 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.

13.5         Even if we delay in enforcing this contract, we can still enforce it later. 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 digital content, we can still require you to make the payment at a later date.

13.6         Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

13.7         Alternative dispute resolution. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at: http://ec.europa.eu/odr.

 


 

Schedule – Model Cancellation Form

 

(Complete and return this form only if you wish to withdraw from the contract)

 

To: LONDON HOUSE MEDIA LIMITED whose registered office is at Riders Cottage, Bagshot Road, Ascot, Berkshire, United Kingdom, SL5 9JN. support@positive-charge.co.uk

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

 

Ordered on [*]/received on [*],

 

Name of consumer(s),

 

Address of consumer(s),

 

Signature of consumer(s) (only if this form is notified on paper),

 

Date

 

 

[*] Delete as appropriate

© Crown copyright 2013.