Terms and Conditions
Effective date:
Welcome to MyEdSpace
This page shows our Terms and Conditions (“Terms”). Please read
the Terms set out below carefully and make sure you understand them before registering on MyEdSpace, using
MyEdSpace or purchasing any of our products or services. If you do not agree with these then you cannot
register on MyEdSpace or purchase or use any of our products or services. The Terms and Conditions are
enforced to ensure a safe, stable and fair experience to all Users of MyEdSpace.
Registration on MyEdSpace or use of any products or services from MyEdSpace constitutes agreement to these Terms and
Conditions.
MyEdSpace is the trading name of MYEDSPACE Limited, a company registered in
England and Wales (number: 13805946). VAT Reg. No GB (do not have VAT yet).
Our registered office
address is:
MYEDSPACE LTD
c/o Lewis Golden LLP
71-75 Shelton Street, Covent Garden
London,
United Kingdom
WC2H 9JQ
We can be contacted by email at contact@myedspace.co.uk.
The Terms
and Conditions constitute an Agreement between MYEDSPACE LTD and you, the User of
MyEdSpace.
1. INTERPRETATION
1.1 In these Terms and
Conditions:
“A*-A” — means an “A*” or “A” grade awarded at A Level by the
relevant Examination body;
“Agreement”, “Terms and Conditions” or “Terms” — this
agreement between MyEdSpace and the User;
“Course” or “MyEdSpace Course” — the online
learning courses made available by MyEdSpace on our Website for use by Users;
“Examination
Body” — organisations which award secondary education level qualifications, including but not
limited to A Levels;
“Parent” — a User linked to a Student who has permission to view
and manage personal and billing data and act as a Payee on behalf of the
Student;
“Payee” — a User who is either a Student or Parent and pays for products or
services from MyEdSpace for themselves as a Student or on behalf of a Student;
“Privacy
Policy” — the policy displayed on our Website at
https://myedspace.co.uk/privacy/ which details how
we collect and store personal data;
“Rights” — copyright, trademarks, database rights
and other intellectual property rights;
“Student” — the User enrolled in one or more
MyEdSpace Courses;
“MyEdSpace”, “we”, “us” and “our” — are references to MyEdSpace
Limited and the Website;
“User”, “you” and “your” — all material in whatever medium or
form created by the User on the MyEdSpace Website including video, audio, images, messages to MyEdSpace,
messages to other users, comments, text, responses to questions, and metadata;
“Website”
— the website https://myedspace.co.uk on which we operate
MyEdSpace.
1.2 Any of the foregoing definitions applies, as the context may require, to the singular
or the plural form of the term used.
1.3 In this Agreement:
1.3.1 clause headings are inserted for
ease of reference only and do not affect construction;
1.3.2 references to “writing” or cognate
expressions includes a reference to email or comparable means of communication;
1.3.3 words importing one
gender shall be treated as importing any gender, words importing individuals shall be treated as importing
bodies corporate, corporations, unincorporated associations and partnerships and vice-versa, words importing
the singular shall be treated as importing the plural and vice-versa, and words importing whole shall be
treated as including a reference to any part thereof;
1.3.4 reference to any party includes that party’s
personal representatives, successors and permitted assigns;
1.3.5 references to clauses are to the
clauses of this Agreement.
2. ENROLLING IN A COURSE
2.1 The User warrants that
the User has the legal capacity to enter a binding contract with MyEdSpace.
2.1.1 If the User is under
the age of 18 the User must have obtained full consent from his/her parent or legal guardian and both
Student and Parent warrant they are fully aware of the Terms upon which the MyEdSpace Course is made
available to him/her as set out in these Terms and Conditions.
2.1.2 If a Parent signs up they are
agreeing to the Terms set out in these Terms and Conditions on behalf of the Student their account is linked
to or any Student they link their account to in future.
2.2 The User must provide a valid email address
on registration.
2.2.1 The User must confirm their email address via the link in the confirmation email
sent to them.
2.2.2 The User must set a password when completing their account registration.
2.2.3 The
User must ensure that they keep their confirmation link and registration details secure and must not provide
this information to any third party unless explicitly granted permission from MyEdSpace.
2.2.4 The User
is responsible for all activity under the User’s account even if someone else uses that account.
2.3
MyEdSpace Courses purchased from this Website are intended for use by the Student only.
2.4 MyEdSpace
reserve the right to alter the MyEdSpace Courses available for sale on the Website and to discontinue any
MyEdSpace Course.
3.4 If the User is under the age of 16, the User must explicitly tell MyEdSpace their
age by email to contact@myedspace.co.uk before enrolling in a course. This is so that we can ensure that the
User’s data is handled in the most appropriate way for their age-group.
3. PRICES AND
PAYMENTS
3.1 All prices listed on the Website are correct at the time of publication.
However, we reserve the right to alter these in future.
3.2 A Student can purchase an MyEdSpace Course
for themselves, acting as their own Payee, or a Parent can purchase an MyEdSpace Course on behalf of a
Student, acting as a Payee.
3.3 MyEdSpace will take all reasonable care, in so far as it is in our power
to do so, to keep the details of the User’s order and payment secure, but in the absence of negligence on
our part we cannot be held liable for any loss the User may suffer if a third party procures unauthorised
access to any data the User provides when accessing or ordering from the Website;
3.3.1 the Payee
debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as
they are sent over the internet; the credit card company of the Payee may do security checks to confirm it
is you making the order.
3.4 If MyEdSpace does not receive a payment on time we reserve the right to
suspend or cancel the Student’s participation on the MyEdSpace Course and further access to MyEdSpace may be
denied to the Student and Parent.
4. ABOUT MYEDSPACE
4.1 MyEdSpace may be
accessed online via our Website.
4.2 Students should be aware that completion of each Course requires
significant effort and regular participation;
4.2.1 some modules of a Course may require more effort and
time than other modules and progression through a Course is not linear;
4.2.2 the effort required to
progress through a Course will vary at different stages of participating in the Course;
4.2.3 inactivity
may adversely impact the score allocated to the Student resulting in a lower score to take account of the
period of inactivity.
4.3 Upon enrolment in a course, we grant to the Student a non-exclusive,
non-transferable, limited, personal, revocable, worldwide licence to access MyEdSpace and the purchased
MyEdSpace Course(s). The licence is a “named user” licence which means that only the Student who is named on
the licence may use the licence and access MyEdSpace. Courses cannot be shared or used by more than one
individual.
4.4 Parents are not permitted to login or access the MyEdSpace Website through a Student’s
account.
4.5 The User shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or
otherwise commercially exploit or make MyEdSpace available to any third party, or the content of MyEdSpace
or any of our Courses or our Website in any way; (ii) modify or make derivative works based upon MyEdSpace
or any Course; (iii) embed the service as an “iframe” or “frame” from within another application; or (iv)
reverse engineer or access the Website or MyEdSpace in order to (a) build a competitive product or service,
(b) build a product using ideas, features, functions or graphics that are similar to those related to the
Website or MyEdSpace, or (c) copy any ideas, material, features, functions or graphics of the
service.
4.6 When accessing MyEdSpace and using our Website the User shall not: (i) send or store
material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts,
agents or programs; (ii) interfere with or disrupt the integrity or performance of the service or the data
contained therein, or our Website, servers or networks; (iii) attempt to gain unauthorised access to the
Website or MyEdSpace or its related systems or networks; or (iv) take any action that imposes an
unreasonably or disproportionately large load on our system.
4.7 The User is not permitted to use
MyEdSpace or any Course to assist in the development of their own software or that of a third party. The
User must not use or copy all or any part of MyEdSpace’s graphical user interface, operating logic or
database structure for it to be part of or to develop any software or other product or technology, unless
that use or copying is permitted by law.
4.8 From time to time Course content will change to take account
of changes in the curriculum set by the Examination Body or to be improved by MyEdSpace;
4.8.1 for the
avoidance of doubt, where this occurs participation on a Course does not entitle Students to participate in
updated Courses free of charge.
4.9 Courses cannot be paused.
4.10 MyEdSpace reserves the right to
change the schedule or content of a Course, even but not limited to while it is in progress, without
notice.
5. MYEDSPACE HONOUR CODE
5.1 All Students who participate in an
MyEdSpace Course must agree to abide by the following code of conduct:
5.1.1 I will not engage in any
activity that may dishonestly improve my results.
5.1.2 I will self-mark my own work honestly, accurately
and to my best ability in order to maximise my own improvement.
5.1.3 My answers to quiz questions,
memorisation exercises or exam practice sessions will be my own work entirely.
5.1.4 I will not make my
solutions to quiz questions, memorisation exercises or exam practice sessions available to anyone
else.
5.1.5 I will not share any of the MyEdSpace Course material, whether content or exercises, with
anyone else.
6. WHAT WE DO WITH YOUR INFORMATION
6.1 The User agrees to provide
MyEdSpace with accurate and complete information wherever MyEdSpace requests information from the
User.
6.2 The User agrees to provide MyEdSpace with accurate and complete information wherever MyEdSpace
requests information from the User.
6.3 MyEdSpace will not disclose sensitive personal information to
third parties without direct consent from the User.
6.4 The User is entitled to request a copy of the
personal information we hold on them.
6.5 For more information about how MyEdSpace processes and uses
information we collect about Users, please see our full Privacy Policy. By using MyEdSpace, the User is
consenting to such processing and use.
7. SUPPORT
7.1 8.1 All operational queries
or complaints concerning MyEdSpace and access to any of the Courses should be addressed to
contact@myedspace.co.uk.
7.2 MyEdSpace can be accessed from any internet enabled desktop PC. High speed
broadband is recommended. Mobile and tablet devices may not be supported.
7.3 When using MyEdSpace the
Student must ensure that their internet browser is up-to-date to ensure that MyEdSpace appears in the
correct format with its intended functionality. Old browser software may not display questions in the
correct format.
8. INTELLECTUAL PROPERTY AND DATA SUBMITTED ON MYEDSPACE
COURSES
8.1 All Rights in the Website and MyEdSpace Courses are and shall remain the
property of MyEdSpace or of its licensors (as the case may be) and nothing in these Terms and Conditions
shall transfer any ownership rights to the User.
8.2 The User must not modify, copy, reproduce, upload,
post, transmit or distribute by any means or in any manner whatsoever, any material or information or
download from MyEdSpace or our Website except where expressly invited to do so or indicated on MyEdSpace or
our Website.
8.3 Upon submitting User Material on MyEdSpace, the User assigns to MyEdSpace absolutely
with full title guarantee all its right, title and interest in and to the Rights in User Material, including
specifically the world-wide right to:
8.3.1 use, copy, host, electronically store, cache, display,
communicate, broadcast, transmit, make available and distribute the User Material to Users in all existing
and future media and formats on MyEdSpace;
8.3.2 change, amend or develop the User Material in whatever
way MyEdSpace deems appropriate, and create derivative works from it.
8.4 The User waives absolutely his
moral rights arising under the Copyright, Designs and Patents Act 1988 in relation to the User Material and,
so far as is legally possible, any broadly equivalent rights he may have in any territory of the
world.
9. CANCELLATION AND TERMINATION
9.1 The Payee may cancel the Agreement and
receive a full refund within 7 working days of purchasing a Course provided the Student has not logged in
and accessed the Course.
9.2 Once a Student has accessed a Course, the Payee is entitled to cancel
further participation on a Course at any time but previous payments are no longer refundable.
9.3
Cancellation must be requested by emailing contact@myedspace.co.uk.
9.4 MyEdSpace is entitled to cancel
or suspend a User’s access to MyEdSpace or MyEdSpace Courses and/or terminate this Agreement if we
reasonably consider or suspect that the User has acted in breach of these Terms and Conditions.
9.5
MyEdSpace may cancel or suspend a User’s access to MyEdSpace or MyEdSpace Courses and/or terminate this
Agreement with immediate effect if at any time:
9.5.1 MyEdSpace reasonably considers or suspects that the
User has committed any breach or non-observance of any of the provisions of this Agreement;
9.5.2 The
User commits any gross misconduct affecting the business of MyEdSpace or any fraud or dishonesty or acts in
any manner which in the opinion of MyEdSpace brings or is likely to bring MyEdSpace into disrepute or is
materially adverse to the interests of MyEdSpace;
9.6 Following termination of this Agreement MyEdSpace
shall continue to own and be entitled to use the Rights to User Material in accordance with clause
9.3.
10. WARRANTIES AND LIABILITIES
10.1 The User warrants that the User Material
is and will be original work and has not been and will not be copied wholly or substantially from any other
work or material or any other source and that no part of the User Material shall:
10.1.1 infringe any
third party Rights;
10.1.2 contain anything which is defamatory, libellous, obscene, or otherwise
unlawful;
10.1.3 contain any viruses, Trojan horses, worms, time bombs, or other computer programming
routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or
expropriate any system, data or personal information.
10.2 The User shall fully reimburse and defend
MyEdSpace from and against any damages, costs and expenses suffered or incurred by MyEdSpace or awarded by
any court against MyEdSpace as a result of or in connection with:
10.2.1 any claim or action that the use
by MyEdSpace or Users of any User Material infringes the copyright or other intellectual property rights of
a third party or breaches any applicable law or regulation;
10.2.2 any other breach by the User of these
Terms and Conditions.
10.3 Great care has been taken to ensure that the information available on this
Website and MyEdSpace is correct and error free. From time to time, there may be errors of fact and/or
grammatical, spelling or typographical errors which we will use our reasonable endeavours to correct as soon
as these are identified. We apologise for any errors or omissions that may have occurred. We cannot warrant
that use of MyEdSpace or the Website will be error free or fit for purpose, timely, that defects will be
corrected, or that the site or server that makes it available are free of viruses or bugs or represents the
full functionality, accuracy, reliability of MyEdSpace or the Website and we do not make any condition or
warranty whatsoever, whether express or implied, relating to fitness for purpose or accuracy.
10.4 Save
as expressly set out in these Terms and Conditions, we disclaim any and all liability to the User for
MyEdSpace and the Courses. This does not affect the User’s statutory rights as a consumer.
10.5 If we are
found liable for any loss or damage to the User our liability is limited to the amount the User or Payee has
paid for the relevant MyEdSpace Course.
10.6 We cannot accept any liability to the User for any loss,
damage or expense, whether direct or indirect, including any loss such as loss of profits or opportunity,
howsoever arising.
10.7 MyEdSpace and the MyEdSpace Courses are provided on an “as is” basis and no
condition, warranty or guarantee is offered either to the User in relation to the accuracy of the
information provided. We cannot guarantee or warrant to a User that an MyEdSpace Course is suitable for the
User or a particular Student. The use of MyEdSpace and the MyEdSpace Courses provided is entirely at the
User’s and Student’s own risk and we cannot be held liable for any loss, damage or injury suffered or
incurred as a result.
10.8 MyEdSpace do not accept any liability for any delays, failures, errors or
omissions or loss of transmitted information, viruses or other contamination or destructive properties
transmitted to the User or the User’s computer system via MyEdSpace or our Website.
10.9 MyEdSpace shall
not be held liable for any failure or delay in delivering MyEdSpace where such failure arises as a result of
any act or omission which is outside our reasonable control such as an act of God or those of third
parties.
10.10 MyEdSpace have taken all reasonable steps to prevent internet fraud and ensure any data
collected from the User is stored as securely and safely as possible. However, MyEdSpace cannot be held
liable in the extremely unlikely event of a breach in our secure computer servers or those of third
parties.
11. MISCELLANEOUS
11.1 MyEdSpace may subcontract any part or parts of
MyEdSpace from time to time and we may assign or novate any part or parts of our rights under these Terms
and Conditions without the User’s consent or any requirement to notify the User.
11.2 MyEdSpace may alter
or vary the Terms and Conditions at any time without notice to the User. Any updates or variations to the
Terms and Conditions will be published on the Website
11.3 This Agreement constitutes the entire
agreement between the parties and supersedes all previous agreements, promises, assurances, conditions,
warranties, representations and understandings between them, whether written or oral, relating to its
subject matter. Each party acknowledges that in entering into this Agreement it does not rely on, and shall
have no remedies in respect of, any statement, representation, assurance or warranty (whether made
innocently or negligently) that is not set out in this Agreement. Nothing in this clause shall limit or
exclude any liability for fraud.
11.4 No variation of this Agreement shall be effective unless it is in
writing and signed by the parties (or their authorised representatives).
11.5 No one other than a party
to this Agreement, their successors and permitted assignees, shall have any right to enforce any of its
terms.
11.6 The User shall not assign or transfer or purport to assign or transfer any of its rights,
liabilities or obligations under this Agreement without the prior written consent of MyEdSpace. MyEdSpace
may assign or transfer any of its rights, liabilities or obligations under this Agreement.
11.7 No
failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall
constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further
exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall
prevent or restrict the further exercise of that or any other right or remedy.
11.8 If for any reason any
provision of this Agreement is found to be unenforceable, the remaining provisions of this Agreement shall
continue to be valid to the fullest extent permitted by law.
12. NOTICES
12.1 A
notice or other communication required to be given to MyEdSpace under this Agreement shall be in writing and
shall be:
12.1.1 delivered personally; or
12.1.2 sent by pre-paid first class post or recorded
delivery; or
12.1.3 sent by email. To MyEdSpace at its address set out at the beginning of this
Agreement.
12.2 A notice or other communication shall be deemed duly received:
12.2.1 if delivered
personally, when left at the address and for the contact referred to in this clause; or
12.2.2 if sent by
pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting;
or
12.2.3 if delivered by email, on the next Business Day after transmission.
12.4 This clause does
not apply to the service of any proceedings or other documents in any legal action.
12.3 In this clause
“Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London
are open for business.
13. LAW
13.1 This Agreement, and any non-contractual
rights or obligations arising out of or in connection with it or its subject matter, shall be governed by
and construed in accordance with English law.
13.2 The parties irrevocably agree that the courts of
England and Wales shall have exclusive jurisdiction to hear and determine or otherwise settle all and any
claims, proceedings, suits or action (including arbitration) arising out of or in connection with this
Agreement or its subject matter.