This site (the Site) is operated by Findel Education Limited (trading as EUHU) (We, Us or Our). We are registered in England and Wales under company number 01135827 and have Our registered offices at Findel House, Gregory Street, Hyde, Cheshire, United Kingdom, SK14 4HR. Our VAT registration number is GB125688644. To contact Us, please email support@euhu.co.uk.

This page (together with the documents referred to on it) sets out the terms and conditions (the Terms) on which We supply any of the content available on this Site to you (You or Your). We recommend that You read these Terms carefully before accessing Our Site, as We will infer from Your accessing the Site that You agree to be bound by them and any associated documents referenced in them, and that You agree to comply with them. If You do not agree to these Terms, You should stop using the Site immediately.

Please note that these Terms are designed to cover the supply of content to both consumers and other types of customers. You are a consumer if You are accessing or obtaining content from Us for purposes that are wholly or mainly outside of Your trade, business, craft or profession. If

You are in any doubt about which terms apply to You, please don’t hesitate to contact Us.

These Terms should be read in conjunction with Our Privacy Policy https://www.euhu.co.uk/legal/privacy, and assume that You will also comply with each of those policies where applicable. If You do not agree to those policies, You should stop using the Site immediately.

The detailed legal Terms are set out in full in the left hand column. The summary in the right hand column provides a short explanation of the key Terms, though these are not intended to have legal force.

1.           Interpretation

1.1        The following definitions apply to these Terms:

(a)        Content – means any and all text, information, data, software, executable code, images, audio, video or other materials or multimedia content in whatever medium or form forming part of the Services on the Site under these Terms;

(b)        CRA – means the Consumer Rights Act 2015, as amended from time to time;

(c)         IP Rights – means any and all patents, trade marks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in any confidential information, trade secrets, inventions and know-how, trade and business names, domain names, get-ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and applications for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world;

(d)        Online Portal – means the gated portal within Our Site which contains Our Subscription Content and Services;

(e)        Order – means Your individual transaction for purchasing any Subscription(s) to access the Site;

(f)          Services – means Our supply of Content and associated services through Our Site;

(g)        Site – means Our website, which is available at https://www.euhu.co.uk

(h)        Subscription – means Your recurring arrangement(s) for access to Our Site as obtained through Your Order(s), and subject always to payment in advance of access; and

(i)          Terms – means the terms and conditions set out on this page, and in any of the documents referred to on it.

1.2        Where We refer to something as being written or in writing, this is intended to include writing sent by fax or e-mail.

1.3        Headings do not affect the interpretation of these Terms.

1.4        These Terms apply to Your entire access to the Site, regardless of where in the world You are when You gain access or pay for a Subscription.

2.           Our Site

2.1        This Site is intended for use primarily by a UK audience and users accessing it from within the UK. If You choose to access the Site from locations outside the UK, You are responsible for compliance with local laws where they are applicable. We accept no responsibility or liability for the relevance or correctness of any information contained in Our Site, Content or Services, or their compliance with local laws, to users accessing Our Site from outside the UK.

2.2        You agree that You are solely responsible for all costs and expenses You may incur in relation to Your use of the Site.

2.3        We seek to make the Site as accessible as possible. If You have any difficulties using the Site, please contact Us using the contact details provided in the first paragraph of these Terms.

2.4        We may prevent or suspend Your access to the Site if You do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law. For guidance on how to use Our Site properly, see clause 7 below for Our acceptable use policy.

2.5        Most of Our Content and Services are contained within Our Online Portal, which can only be accessed by users with Subscriptions, using their personal login details and passwords. You must only access this part of the Site if You have obtained a Subscription (whether through Your own Order or as part of a group Order), and must not share login details with others. We accept no liability to You for issues arising directly from Your sharing of login details in breach of this provision.

2.6        You are solely responsible for keeping any password, user identification code or other login details confidential. If You know or suspect that anyone other than You knows Your password, user identification code or other login details, You must promptly notify Us and change Your password using the Password Reset page.

Basically

Our Site is designed for UK users, and users from outside the UK should use the Site with caution and at their own risk.

We may prevent or suspend Your access where You breach Our Terms.

Most Content and Services is contained within Our Online Portal, which requires a Subscription to access. Please do not share Your login details with others, and make sure to keep Your details safe.

3.           Basis of Access

3.1        These Terms (and any documents incorporated in them), Your Subscription and Our Order confirmation set out the whole agreement between You and Us for the supply of access to Our Site, Content and Services. All other terms or documentation which purportedly form part of Our agreement are excluded, unless agreed otherwise explicitly and in writing. Please check that the details in Your Order are complete and accurate before You submit Your Order. If You think that there is a mistake, please contact Us in writing as soon as You become aware of the issue.

3.2        Any samples, trailers, imagery, descriptions, or other marketing material displaying any of the Content or Services on Our Site are published to provide You with an approximate idea of the Content or Services they describe. Please note that finished products may vary from their associated descriptions, previews or marketing, though We try to ensure they are as faithful as they can be.

For consumers: We warrant to You that the Content and Services will match any such description, or else You are entitled to return your Subscription to Us for a reimbursement or refund as appropriate.
For everyone else: In so far as it is reasonable to do so, We exclude (and, by ordering from Us, You accept the exclusion of) any implied warranty or terms which may require that the Content or Services match any such description to the fullest extent permitted by law.

3.3        Subject to the remaining Terms below, these Terms shall become binding on You and Us from the earlier of the following:

(a)        for provisions relating to Our Site, when You access the Site;

(b)        for provisions relating to Your Subscription, once You receive notice of Your Subscription either upon completing Your Order or on receiving notice from Us (for instance, where Your Subscription is initiated by another party’s Order);

(c)         for provisions relating to the Online Portal and Our Content and Services contained in the Online Portal (whether paid or free), when You gain access to the Online Portal with Your Subscription; and

(d)        for provisions relating to Our Content and Services more generally, when You have access to those Content or Services, including downloaded or printed offline copies.

3.4        We shall assign an invoice number to Your Order and inform You (or the person conducting the Order) of it in the Order confirmation. Please quote the invoice number in all subsequent correspondence with Us relating to the Order.

3.5        We have the right to revise and amend these Terms from time to time (excluding where the Terms relate to pricing, which we shall revise and amend only in accordance with clause 5.2 below) without giving notice to You. Please ensure You are familiar with the up to date Terms prior to placing an Order, and throughout the term of Your Subscription. The applicable Terms are the latest Terms in force as displayed on the Site.

3.6        Content and Services supplied through the Site are not intended for resale or distribution by You, unless We have expressly agreed otherwise in writing. Content may be copied and shared for ordinary fair dealing and permitted use exceptions (for instance, to include brief abstracts in materials for educational purposes), though We reserve all rights to object to any uses We consider not permitted or unreasonable.

For consumers: though You are generally free to use any Content and Services as You wish, We do not consider You to be a consumer if You are obtaining access to the Content or Services for the purpose of trading with them.
For everyone else: unless express written consent is provided, We do not permit the resale or distribution of any Content or Services supplied through Our Site in any market, and reserve the right to terminate any outstanding Subscriptions or Orders immediately (including after issuing an Order confirmation) and/or refuse any future Orders or Subscription requests without any reason or notification if We are concerned that You are in breach of these provisions.

Basically

These Terms and the documents incorporated in them are the only terms that apply to Your Subscription and Order unless otherwise stated or agreed.

We only warrant that Our Content or Services shall comply with any descriptions on Our Site or marketing materials if You are a consumer.

Keep a note of Your Order reference number as it may be needed at a later date.

We do not permit resale or distribution of Our Content or Services (and may terminate Subscriptions or Orders if We suspect any such activities), unless You are a consumer and not accessing with the intention to trade.

4.           Subscriptions

4.1        To enjoy Our Content and Services on this Site, you will need to obtain a Subscription to access Our Online Portal. We currently offer two types of Subscription:

(a)        Our Free Subscription, which gives You access to a limited selection of Our Content and Services, and does not require payment or provision of payment details; and

(b)        Our Paid Subscriptions, which each give You access to additional Content and Services produced by Us and from our content creator partners, subject to payment in advance on either a monthly or annual basis. For the avoidance of doubt, each Paid Subscription acts as a separate legal agreement between You and Us, which shall continue to exist independently where there are changes to any other separate Paid Subscription.

4.2        Where You are using a Free Subscription, You acknowledge that You will not have access to all Content or Services on the Site, and so We shall not have any liability to You in respect of Content or Services that You have had no access to. You also accept that We may change the Content or Services to which You have access freely and without notice to You, and without any obligation to restore Your access where requested.

4.3        To the extent that You have obtained copies of any such Content or Service as part of a Free Subscription, or provided any lasting interactions on Our Site (for instance, user comments on the relevant pages), You acknowledge that it is within Our discretion to decide whether any such extraneous materials can be retained or should be removed after Your access to the relevant Content or Service is removed. Should You later move to a Paid Subscription in addition to your Free Subscription, You acknowledge that Your new Paid Subscription will have no impact on or rights to any such prior extraneous materials created or obtained before the commencement of that Subscription.

4.4        For Paid Subscriptions, Your Subscription may be created either by Your own personal Order or as part of a group Order submitted by Your organisation or a member of Your group. For personal Orders, You shall have personal responsibility for compliance with all payment terms and obligations contained in these Terms. For group Orders, the person or organisation submitting the Order shall have general responsibility for compliance with all such payment terms. To the extent that Your group fails to comply with any such terms, leading to the suspension or termination of Your Paid Subscription, You shall be entitled to separate Your Subscription into a personal Order if so desired through Your account preferences.

4.5        For Paid Subscriptions, You may select any amount and any combination of Our different types of Paid Subscriptions which We offer to You, provided that these Terms shall apply to each regardless of the ongoing position with any other Paid Subscription. Where any paid Subscription is terminated, suspended or otherwise impacted for any reason, such impact shall have no necessary impact on any other Paid Subscription, unless such other Paid Subscriptions are similarly impacted. Relevant payment terms in respect of each Paid Subscription shall be included on the relevant Order, and payment arrangements for each shall exist independently of any other Paid subscription.

4.6        Should You seek to cancel a Paid Subscription or Paid Subscriptions for any reason, and unless stated otherwise in these Terms or agreed with Us in writing, Your Subscription(s) shall terminate at the end of its or their current term (whether monthly or annual), and We will provide no further access to the relevant parts of Our Site and take no further Subscription payments from You in respect of the cancelled Subscription(s) after that time, but no refund will be due.

Basically

You can access Our Site, Content and Services with either a Free Subscription or a Paid Subscription.

Free Subscriptions can only access a limited amount of Content and Services, which We can change freely and without liability. We also retain rights over any materials created through Your access, such as copies or user-generated content on the relevant pages of the Site.

Paid Subscriptions can access the vast majority of Content and Services. Payment can either be made individually or in groups, and the person submitting the relevant Order has the primary responsibility for payment. You can separate Your Subscription from a group Order to a personal Order at will.

5.           Payments

5.1        For Paid Subscriptions, We require that payment for the selected Subscription term must be made upfront and in advance of access to paid-for Content on the Site. For existing Subscriptions coming to an end, if payment for a renewal is not provided before the end of the existing term, access to paid-for Content will cease immediately at the end of the term, and the relevant account will be automatically demoted to a Free Subscription unless and until payment for a new Paid Subscription is received.

5.2 Prices for each Paid Subscription which You subscribe to shall be set and apply independently of one another for the duration of the agreed term of the relevant Subscription. For example, where You are using an existing Paid Subscription (Subscription A) and You then opt for an additional Paid Subscription (Subscription B), the two Paid Subscriptions shall operate simultaneously. Prices specified as applying to Subscription B shall apply to Subscription B only, whilst the then-current pricing for Subscription A shall continue for at least the duration of Subscription A's current term. Only once Subscription A comes to an end shall We be entitled to amend and update pricing in relation to Subscription A, which will occur separately from any then-ongoing arrangements with respect to Subscription B. References to "Subscription A" and "Subscription B" in this clause are for illustrative purposes only, are in no way exhaustive as to the number of Paid Subscriptions in use. This clause applies irrespective of the number of Paid Subscriptions which You have obtained.

5.3        Prices for new Paid Subscriptions are as displayed currently on the Site, and may be subject to change at any time in accordance with the provisions of clause 5.2 above. Live prices may depart from outdated prices displayed in marketing materials or elsewhere off the Site. Subject to clause 5.4 below, where You make an Order on Our Site, You are thereby recognising that the current displayed price for new Paid Subscriptions is the price You are agreeing to pay.

5.4        From time to time, We may offer discounts and promotions on Our headline prices for Paid Subscriptions in accordance with clause 6 below. As detailed in clause 6.9, We reserve the right to withdraw or amend any offer or discount at any time up to the completion of Your Order.

5.5        Our prices are ordinarily inclusive of VAT and all applicable charges and fees associated with the Paid Subscription, unless stated otherwise. We may display prices both inclusive and exclusive of VAT on Our Site.

5.6        In some cases, We may permit and offer third party payment services, such as PayPal, Apple Pay, Google Pay or Amazon Pay. If You select one of these payment methods, please be aware that in doing so You are authorising Us to request funds from the provider immediately, and You will be subject to additional obligations from the third party payment provider, and may also need to contact them if You seek to cancel Your Order.

Basically

Our prices for Paid Subscriptions may change over time, and prices include VAT. You are expected to pay for Your Subscription upfront and in advance of gaining access to any Content or Services.

Prices are always as displayed on the Site, and other prices may be incorrect or outdated. We may offer discounts and promotions on prices from time-to-time, though these are subject to change at any time up to completion of Your Order.

Where You opt to pay using a third party service, Your Order may be subject to additional rights and obligations from that party, and You may need to contact them to cancel Your Order.

6.           Offers And Promotions

6.1        Any offers or discounts that We offer You or that are promoted via third party websites are subject to the following additional terms and conditions, in addition to any promotion terms incorporated separately into the relevant offer or discount.

6.2        For Our offers: any offers or promotions are only available to customers who We contact directly and to whom the offer or promotion is addressed.

6.3        For third party offers: these offers can only be used once by customers visiting https://www.euhu.co.uk via the third party website unless otherwise stated.

6.4        Only one offer per customer will be accepted for Your Order, and the offer will only be applicable to Your first Order, unless otherwise stated. Each offer cannot be used in conjunction with any other offer or discount, and offers are typically not applicable to certain items or product ranges, including sale items or items subject to contract pricing.

6.5        No cash alternative is available for any offer, and all offers are strictly not transferable.

6.6        No minimum order value applies unless otherwise stated.

6.7        Offers are available for a limited period only.

6.8        If You wish to cancel and are entitled to obtain a reimbursement or refund for a Subscription purchased with an offer, any reimbursement or refund that We offer You will be issued at the invoiced value of the Subscription only, so will be net of any promotional discounts.

6.9        We reserve the right to vary or withdraw an offer at any time without notice or cause, though this will not affect any Orders that have already been accepted at the time of the change.

Basically

You may in some cases receive or find limited-time offers or promotions for Our Content from Us or on third party sites.

All offers are subject to these Terms.

Only one offer can be used per valid Order, and offers cannot be transferred or exchanged. We may cancel or vary offers or promotions at any time.

7.           Acceptable Use

7.1        You may not use Our Site:

(a)        in any way that breaches any applicable local, national or international law or regulation;

(b)        in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

(c)         for the purpose of harming or attempting to harm Us or any other users of the Site; or

(d)        to knowingly transmit, send or upload any data or other material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other malicious or harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

7.2        You agree not to:

(a)        attempt to gain unauthorised access to Our Site, any equipment, network or server on which Our Site is stored, any software used in the provision of Our Site or any equipment, network or software owned or used by any third party;

(b)        reproduce, duplicate, copy or re-sell any part of Our Site without Our permission;

(c)         attack, damage, disrupt or otherwise interfere with Our Site, any equipment, network or server on which Our Site is stored, any software used in the provision of Our Site or any equipment, network or software owned or used by any third party, including but not limited to any denial-of-service or distributed denial-of-service attack;

(d)        adjust­, or otherwise try to circumvent or delete, any notices contained on the Site (including any IP Rights notices) and in particular in any digital rights or other security technology embedded or contained within the Site; or

(e)        directly share or circulate any Content accessed through the Site (or any derivatives of the Content which are not sufficiently or fairly differentiated) with others that have not obtained their own licence to access that Content from Us.

7.3        By breaching any of the restrictions detailed in clauses 7.1 or 7.2 above, You may commit criminal or civil offences. 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 any such actions, Your current Subscription and all rights to use Our Site will be terminated immediately without the need to provide You with any notice.

Basically

Our Site is intended to deliver resources and training to schools and communities across the UK education sector, and to be a welcoming and respectful environment. Behaviour which damages or violates this will not be tolerated, and may lead to suspension or termination of Your access, and reports to law enforcement. By using the Site, You agree to abide by Our acceptable use requirements.

8.           Guarantee

8.1        Upon accepting Your Order, commencing Your Subscription, or gaining access to Our Site, Online Portal, Content or Services by way of a legitimate Subscription acquired by or for You, We warrant to You that:

(a)        We have the necessary rights to supply You with Your Subscription and/or access to Our Site, Content and/or Services; and

(b)        You shall be entitled to quiet enjoyment of Your access and rights, provided that You abide by these Terms and do not violate any legal requirements or legal rights of third parties.

8.2        Where You have a Paid Subscription, We warrant to You for the duration of Your Paid Subscription that Our Site, and any Content or Services provided to You through the Site, shall:

(a)        be of satisfactory quality;

(b)        be free from material defects in design, materials or workmanship (subject to the caveats in clause 9 below); and

(c)         comply with all applicable statutory and regulatory requirements relating to their supply in the United Kingdom.

8.3        In addition, for consumers, upon accepting Your Order, commencing Your Subscription, or gaining access to Our Site, Online Portal, Content or Services by way of a legitimate Subscription acquired by or for You, We also warrant that Our Site, Content and Services shall:

(a)        be reasonably fit for any particular purpose, whether or not ordinarily used or supplied for that purpose, where You make that purpose known to Us before Your Order, and We have verified that Our products are suitable for that purpose, or otherwise fulfil Your Order or Subscription without challenging, denying or otherwise discussing such suitability with You;

(b)        match any description or samples provided or made available to You prior to Your Order or the commencement of Your current Subscription, including by way of images, written descriptions or other pre-contract information provided on or in Our Site, catalogues or other marketing materials; and

(c)         where they relate to any associated or corresponding external goods, services or digital content that We also provide, that they shall materially conform to one another if it is reasonable to expect that each should conform to the other.

8.4        For everyone else: in so far as it is reasonable to do so, We exclude (and, by ordering from Us or accessing Our Site, Content or Services, You accept the exclusion of) any and all other implied warranty or terms relating to Your Order or Subscription and Our Site, Content or Services to the fullest extent permitted by law.

8.5        Nothing in these Terms shall affect any other rights that You shall have, whether by virtue of statute or otherwise, which cannot be excluded by law.

Basically

Our contracting warranty ensures that We have the necessary rights to supply Your Subscription or access to Our Site, Online Portal, Content or Services, and You receive full and proper rights to the Goods to ensure Your enjoyment of them.

Our product warranty ensures that Our Site, Content and Services are satisfactory for Your needs and compliant.

Our consumer warranties ensure that Your Subscription and access will be fit for purpose and correspond with any descriptions and samples that We display to You.

Our consumer warranties do not extend to non-consumer customers, and all other warranties are excluded.

9.           Availability, Accuracy and Safety

9.1        While We try to make sure that the Site is accurate, up-to-date and free from bugs and viruses, We make no representations, warranties or guarantees, whether express or implied, that the Content or Services provided on Our Site are accurate, complete or up to date. You should use Your own virus protection software.

9.2        Any reliance that You may place on the information on this Site is at Your own risk. Content is provided for Your general information and educational purposes only. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any such purposes.

9.3        The Site may include information and materials uploaded by other users of the Site, including to comments, bulletin boards or forum posts and chat rooms. This information and these materials have not been verified or approved by Us. The views expressed by other users on Our Site do not represent Our views or values. You should report any content on the Site which you feel is incorrect or inappropriate to Us at the email address provided in the first paragraph above.

9.4        While We try to make sure that the Site is available for Your use, We do not promise that the Site is available at all times nor do We promise the uninterrupted use by You of the Site. We may suspend or terminate operation of the Site at any time as We see fit.

Basically

We cannot always guarantee that Our Site will be available, safe to use or that Our Content or Services will be fully accurate and available when You access them.

Our Content and Services are provided for general information and educational purposes only, and You should not rely on them as formal advice.

Please report any content that is incorrect or inappropriate to Us using the email address in the first paragraph.

10.        Third Party Links

10.1    Our Site may from time to time refer You to relevant products or services supplied online by Hope Education (or other websites operated by Us or Our affiliates or group companies) that may be considered suitable for You in light of the Content that You have accessed. This may include links to take You to the relevant websites (e.g. Hope Education’s website). Your access to any such website and any sales conducted on any such websites will be subject to the relevant terms and policies supplied on those sites (e.g. Hope Education’s Terms & Conditions) and You should ensure that you carefully read all such terms before accessing that website.

10.2    Our Site may also contain links or references to third party websites. Any such links or references are provided for Your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that We endorse that third party’s website, products or services. Your use of a third party website may be governed by the terms and conditions of that third party website.

10.3    You may link to Our home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a link to Our Site in any website that is not owned by You. We reserve the right to withdraw linking permission without notice. If You wish to link to or make any use of Content on Our Site other than that set out above, please contact Us.

Basically

Our Site may contain references and links to external products and websites, including by Our other Findel brands and by external third parties We have no control of. Your access to third party sites will always be subject to the terms and conditions of those sites, which You should read before using the site. We accept no liability for third party products or sites.

11.        Ownership and IP Rights

11.1    Subject to the remainder of this clause below, nothing in these Terms grants You any legal rights in the Site or any Content or Services other than as necessary to enable You to access the Site, Content and Services as part of Your ongoing Subscription.

11.2    This Site and all IP Rights incorporated into its design and functional operation are owned by Us. By permitting You to access Our Site, Online Portal, Content and Services, We agree to provide You with a temporary, limited, royalty-free, non-transferrable and non-exclusive licence to access and use any such rights that are necessary for Your enjoyment of the Site for the duration of Your access, as may be appropriate given Your Subscription and level of access at the time of Your access. Any such licence will exist solely for the duration of Your access to the Site, after which it shall terminate immediately.

11.3    Where Content or Services are created and/or provided by Us (whether in whole or in part), all relevant rights in those Content or Services including IP rights shall be owned by Us and any relevant third party contributors, unless stated otherwise. By offering those Content or Services on the Site, We agree to provide You with a temporary, limited, royalty-free, non-transferrable and non-exclusive licence to access and use any such Content or Services in accordance with these Terms for the duration of Your access to Our Site or to the Content or Services (if accessed separately). Where Content or Services are removed or withdrawn from either Our Site or Your Subscription, any licences provided in respect of that Content or Services shall terminate immediately upon removal or withdrawal. Where Your level of access changes (for instance, because Your Paid Subscription ends), any such licence in respect of Content and Services that You no longer have access to shall terminate immediately upon that change.

11.4    When Content or Services are created and/or provided by third parties, rights (including IP Rights) in those Content or Services will typically be owned by the relevant third parties. We obtain licences to display and provide all such Content or Services on Our Site, including to sub licence to You the necessary rights to access and use the relevant Content or Services. All such access and use is ultimately subject to the ongoing arrangements with the owner of the relevant Content or Services, and are subject to change at any time without providing notice to You. Where access to any such Content or Services is restricted to specific Subscriptions or users, as per clause 10.3 above, any such licence in respect of those Content or Services shall terminate immediately where Your level of access changes such that You should no longer have access.

11.5    In some parts of Our Site, You may be able to upload or provide user-generated content to sit alongside the Site’s Content and Services. If You choose to upload user-generated content, You must not submit any content that does not comply with these Terms or the law, such as by wrongfully including third party IP Rights without a sufficient licence to do so. You are legally responsible for user-generated content You submit to the Site. You retain all ownership rights in any user-generated content You provide, though You shall also provide to Us a temporary, limited, royalty-free, non-transferrable and non-exclusive licence to access and use that user-generated content, with rights to sub licence the rights to use and access the content to Our other users. Where You no longer wish for Your user-generated content to be available on Our Site, You should notify Us and request that the content is removed, at which time any licence We or Our users have to the content shall terminate immediately (or once appropriate where efforts are ongoing to access the content for removal). In providing user-generated content, You accept that We shall have all necessary rights to manage any such content displayed on the Site, including to suspend or withdraw any content that breaches or is suspected to breach these Terms, Our rights or the rights of any third parties, including other users of the Site.

11.6    You may only make a copy of any part of Our Site or the Content or Services as is reasonably necessary for Your own personal or educational uses, or where You have agreed otherwise with Us in writing. You must not modify any Content or Services You copy from Our Site in any way, and should attribute the source wherever possible. Our status (and/or that of any identified third party contributors) as the authors of any Content or Services on Our Site must always be acknowledged. If You print off, copy or download any part of Our Site, including any Content or Services, in breach of these Terms, Your rights to use Our Site will cease immediately and You must return or destroy any copies of the materials You have made.

Basically

We own the Site and all the rights in it (including IP Rights). Where We provide Our own Content or Services, We also own the rights in the Content or Services. We provide You with a basic licence to access and use the Site and any Content or Services within Our possession.

Where third parties provide Content or Services for Our Site, We have obtained a licence from them to offer the Content or Services to You, including rights to provide You with a sub licence to access and use the Content or Services. Third party licences are subject to change immediately and without notice.

Where You provide user generated content on Our Site, You provide Us with a basic licence to access and use Your content. You can require that any content is removed and any licence comes to an end immediately at any time.

You can make copies of Content or Services on Our Site where reasonably necessary, but You should not modify, abuse or distribute copies in breach of these Terms, and should attribute the source and Our role where reasonably possible.

12.        Breaches Of These Terms

12.1    Where We consider that You have breached these Terms, We may take such actions as We deem appropriate to respond to Your breach, to protect Our Site, Content and Users.

12.2    Any such breach of these Terms shall be considered as a material breach of them, and may result in Our taking all or any of the following actions:

(a)        immediate, temporary or permanent withdrawal of Your right to use Our Site or access Our Content or Services;

(b)        termination or suspension of Your Subscription;

(c)         issuance of a warning to You;

(d)        legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from Your breach;

(e)        further legal action against You; or

(f)          disclosure of such information to law enforcement authorities as We reasonably feel is necessary or as required by law.

Basically

Where You have breached these Terms, We may take a range of actions to protect Our Site, Content and other Users.

13.        Our Liability

13.1    This section deals with the limits and exclusions that apply to Our liability to You under these Terms. The provisions do not include or limit in any way Our liability to You for:

(a)        death or personal injury caused by Our negligence;

(b)        fraud or fraudulent misrepresentation; or

(c)         any other matter for which it would be illegal or unlawful for Us to exclude or attempt to exclude Our liability.

13.2    In respect of any issues with Our Site, Content or Services, Our primary responsibility shall at all times be to resolve or replace the defective or disrupted product, or otherwise to offer a refund or partial reduction in price in line with Our returns policy above. We will accept no further liability where We are able to adequately deal with the issue through Our returns policy.

13.3    Otherwise, for consumers: We will not be responsible to You for: (i) any losses that were unforeseeable, meaning losses which were not apparent or expected by either side prior to Your current Subscription; (ii) any business losses, given that You are a consumer; (iii) losses suffered separately by any non-consumers; or (iv) any losses that were not caused by Us or Our breach.

13.4    Otherwise, for everyone else: Our total liability to You for all losses arising under or in connection with Your Subscription, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the price paid for Your current Subscription. We shall not be responsible for any unforeseeable consequences of Our breach or actions, nor for the losses of any third parties, nor for any indirect losses that You suffer as a result of Our failure to comply with these Terms, including, but not limited to, the following categories:

(a)        loss of income or revenue;

(b)        loss of business;

(c)         loss of anticipated savings;

(d)        loss of data; or

(e)        any waste of time.

13.5    As detailed in clause 4 above, where You are using a Free Subscription for access to Our Site, We exclude all liability to You for the impacts of any changes to the free Content and Services which form part of the Free Subscription, which We are permitted to change at Our discretion under that clause.

13.6    Except for the warranties expressly set out in these Terms We do not make any other warranties or representations with regard to Our Site, Content or Services. To the extent that We are not prohibited from doing so by law, We exclude all warranties which are implied into these Terms to the fullest extent permitted, whether incorporated by way of legislation or otherwise.

Basically

This sets Our liability to You.

14.        Events Beyond Our Reasonable Control

14.1    In exceptional circumstances, Our Site, Content or Services may be impacted by events outside of Our reasonable control, including where those circumstances impact Our operations and ability to perform Our obligations to You. In such circumstances, We will not accept liability to You for any failures or delays in performance, including any direct or indirect consequences of such failures or delays, to the extent that they are reasonable and justified in the circumstances and are permitted by law. We will also consider Our obligations under these Terms suspended where and to the extent that suspension is necessary in light of such circumstances.

14.2    By “events outside of Our reasonable control”, We mean things like earthquakes, storms, floods, other natural disasters, fires, explosions, epidemics, pandemics, quarantine restrictions, wars or armed conflict, acts of terrorism, riots, other civil unrest or disturbance, actions of government entities or other civil or military authorities, embargoes or sanctions, strikes, lockouts, other labour disputes, industry-wide supply shortages, delays of common carriers, acts of God or any other circumstances beyond Our reasonable control. These are often referred to as “Force Majeure Events”.

14.3    We will always take reasonable steps to prevent, minimise and find solutions to any delay, failure or non-performance caused by events outside of Our reasonable control, and these provisions will only apply where any delay, failure or non-performance is genuinely caused by such circumstances as the primary cause.

14.4    We will endeavour to inform customers where delays or failures are expected due to circumstances beyond Our reasonable control, though We cannot always guarantee that You will be notified directly. Please do continue to check Our Site, Your email account and Our social media accounts for announcements, or otherwise contact Us using the details provided on this page.

14.5    For consumers: to the extent that any such delay is ongoing for an excessive period of time, bearing in mind the circumstances and details of Your Subscription, or to the extent that it is unreasonable for Us to limit Our liability or suspend performance, You will be entitled to cancel Your Subscription in exchange for a pro rata refund.

Basically

We may not be liable to You for delays, failures or non-performance relating to Our Site, Content or Services where caused by events outside of Our reasonable control (if permitted by law) and may suspend performance if necessary in light of those events.

We will always take steps to prevent or minimise any delay or non-performance, and will endeavour to keep You informed.

We will typically offer consumers the right to cancel Your Subscription for a pro rata refund if the delays or non-performance continue for an excessive amount of time or cancellation is reasonable in the circumstances. Otherwise, We will always seek to fulfil the Subscription rather than cancel.

15.        Data Protection

15.1    In all actions relating to Your Order, We shall comply with Our obligations under the Data Protection Act 2018 and the UK GDPR. More details can be found in Our Privacy Policy . We may record Your calls for quality and training purposes.

Basically

See Our Privacy Policy for details of how We use and protect Your personal data.

16.        Assignment

16.1    You may not transfer any of Your rights or obligations under these Terms to another person (including a body corporate) without Our prior written consent, which We will not withhold unreasonably. For consumers: We will notify You if We need to assign the agreement for Your Order to any other entity, and will ensure that this does not affect Your rights or protection under these Terms, or otherwise allow You to terminate Your Order as a result of the assignment. For everyone else: We can transfer all or any of Our rights and obligations under these Terms to another organisation, but this will not affect Your rights under these Terms.

Basically

You may not transfer Your contract without Our consent. 

For consumers, We will notify You of any assignment, and ensure it will not impact on Your rights or protection, or otherwise allow You to terminate Your Order.

17.        Notices

17.1    All notices sent by You to Us must be sent to Findel Education Ltd T/A EUHU at Findel House, Gregory Street, Hyde, Cheshire, SK14 4TH. We may give notice to You at either the email or postal address You provide to Us in Your Order. Notice will be deemed received 24 hours after an email is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, which the email was sent to the specified email address of the addressee.

18.        General

18.1    If You do not agree with any of these Terms, or wish to amend or add to them to suit the details of Your Order, please contact Us before making an Order. We will not accept any exclusions or derogations from or amendments or additions to these Terms unless expressly agreed by both sides in writing at the time of or before Your Order.

18.2    If any part of these Terms becomes unenforceable or unlawful, that part shall be deemed to be altered to the minimum extent necessary to restore enforceability, or otherwise shall be severed from the rest of these Terms, which will otherwise continue to be valid to the fullest extent permitted by law.

18.3    No waiver by Us of any of these Terms shall be effective unless We expressly say that it is a waiver and We tell You so in writing.

18.4    No one other than a party to these Terms has any right to enforce any of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999, or otherwise.

18.5    No changes to these Terms are valid or have any effect unless agreed by Us in writing. We reserve the right to vary these Terms from time to time without notice. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, You agree to be bound by any variation made by Us. It is Your responsibility to check these Terms from time to time to verify such variations.

18.6    Our Site is directed towards users residing in the United Kingdom. We do not represent that Our Site or its Content is appropriate for use or available in other locations. These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England, and to be construed in the English language. Parties to these Terms agree to the exclusive jurisdiction of the courts of England.

Last Update: January 2024