Terms of use

Mind Maths Academy Ltd

Terms and Conditions

Last Updated: August 27, 2024

AGREEMENT TO OUR LEGAL TERMS

Introduction

Welcome to Mind Maths Academy (www.mindmathsacademy.com) (the “Website”). The Website is operated by Mind Maths Academy Ltd, a company registered at 35 Birdhall Road, Cheadle Hulme, Stockport, SK8 5QE, United Kingdom. Throughout these terms, the terms “we,” “us,” and “our” refer to Mind Maths Academy Ltd.

These Terms and Conditions (the “Legal Terms” or “Terms of Service”) govern your access to and use of our Website, including any content, functionality, products, and services offered on or through the Website (collectively, the “Services”). You agree that by accessing the Website, you have read, understood and agreed to be bound by these Legal Terms. If you do not agree with all of these Legal Terms, they you are expressly prohibited from using the services and must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these Terms and Conditions periodically. We will alert you about any changes by updating the ‘Last updated’ date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

1. Age Requirement and Parental Responsibility

Our Services are designed for children, but only parents or legal guardians are permitted to create accounts and manage the use of our Website. By registering for an account, the parent or legal guardian confirms that they are at least 18 years old and agree to these Legal Terms on behalf of their child.

The child may use the Website under the supervision and responsibility of the parent or legal guardian, who must ensure the child’s compliance with these Legal Terms.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

2. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which governs the handling of any personal data you provide to us. By using our Website, you agree to the collection and use of information in accordance with our Privacy Policy.

3. Website Content

The content provided on this Website, including educational materials, text, graphics, logos, and images, is for general information and educational purposes. We make every effort to ensure that the content is accurate and up-to-date, but we do not warrant its completeness or accuracy. The content is subject to change without notice, and we reserve the right to modify or remove any material on the Website at any time.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).

Our Content and Marks are protected by copyright and intellectual property laws (and various other intellectual property rights and unfair competition laws) and treaties in the United Kingdom and around the world.

The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use only.

4.2 Your use of our Services

License:
You are granted a non-exclusive, non-transferable license to access and use the Course materials for personal, non-commercial use only.

Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES‘ section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

4.3 Your submissions

Please review this section and the ‘PROHIBITED ACTIVITIES‘ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

• confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES‘ and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

5. USER REPRESENTATIONS

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information during registration that we suspect  is untrue, inaccurate, not current, or incomplete, or if there has been a breach of these Legal Terms, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You may delete your account at any time by following the account deletion instructions in your account settings or by contacting us directly.

6.Account Holder and User Information

6.1 Account Holder:
The adult who subscribes to the Course and makes the payment (“Account Holder“) is responsible for all activities under the account. The Account Holder agrees to ensure that the child accessing the Course complies with these Terms and Conditions.

6.2 User Information:
The child may choose to use their name as the username for the Course, but all other information (such as billing details) must be provided by the Account Holder. The Account Holder must ensure that any information provided is accurate and up-to-date.

7.Parental Consent and Responsibility

7.1 Parental Consent:
By subscribing to the Course, the Account Holder confirms that they are the parent or legal guardian of the child or have obtained the consent of the child’s parent or legal guardian to enroll the child in the Course.

7.2 Responsibility for Use:
The Account Holder acknowledges that they are responsible for the child’s use of the Course. The Account Holder agrees to supervise the child’s use of the Course and ensure that the child follows the rules and guidelines set out in these Terms and Conditions.

8.Privacy and Data Protection

8.1 Data Collection:
The Company may collect and process personal data from the Account Holder and the child in accordance with its Privacy Policy. The Account Holder consents to the collection, use, and sharing of this data as described in the Privacy Policy.

8.2 Children’s Data:
The Company is committed to protecting the privacy of children who use the Course. The Account Holder acknowledges that any personal data related to the child will be handled in compliance with the UK Data Protection Act 2018 and the General Data Protection Regulation (GDPR).

9.Age-Appropriate Content

9.1 Content Suitability:
The Account Holder acknowledges that the Course is designed for educational purposes and is suitable for children of the specified age group. The Company does not provide content that is inappropriate for children, but it is the Account Holder’s responsibility to ensure that the content is suitable for the child.

10.Liability and Indemnity

10.1 Limitation of Liability:
The Company will not be liable for any indirect, incidental, or consequential damages arising from the child’s use of the Course. The Account Holder agrees to indemnify and hold harmless the Company from any claims or damages arising from the child’s use of the Course.

11.PURCHASES AND PAYMENT

We use Stripe to process all payments. All payment data is stored by Stripe. You may find their privacy notice link(s) here: https://stripe.com/privacy.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in £GBP.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

11.1.SUBSCRIPTIONS

11.1.1 Subscription Options

11.1.2 Payment Options:
You may subscribe to our Services using one of the following payment options:

• Monthly Payment Plan: 24 monthly payments of £75
• One-Time Payment: A single payment of £1500

1. 1. 1. Subscription Term:

The subscription term is 24 months, starting from the date of subscription. Upon completion of the 24-month term or upon full payment (whichever occurs first), you will receive an additional 12 months of access to the Course free of charge, for a total of 36 months.

11.2  Free Trial
We offer a 7-day free trial to new users who register for the Services. Please note that the subscription begins immediately upon signing up for the 7-day free trial. The account will be charged according to the user’s chosen subscription payment option at the end of the free trial period.

11.3 Cooling-Off Period

11.3.1 Cooling-Off Period:
You have the right to cancel your subscription within 14 days of the date of subscription without giving any reason. To exercise this right, you must notify us in writing within the Cooling-Off Period.

11.3.2 Cancellation During Cooling-Off Period:
If you cancel during the Cooling-Off Period, you will be refunded any payments made, minus the cost of any materials or content already accessed.

11.4  Payment Obligations and Non-Payment

11.4.1 Payment Obligations:
By agreeing to these Terms and Conditions, you are committing to paying the full amount of the subscription fee, either through monthly payments or a one-time payment, as specified at the time of subscription.

11.4.2 Non-Payment:
If you fail to make any payment when due, Mind Maths Academy Ltd reserves the right to suspend or terminate your access to the Course materials without notice and without any obligation to refund any portion of the fees already paid.

11.4.3 Collection of Debt:
In the event of non-payment, Mind Maths Academy Ltd reserves the right to take all necessary steps to collect the debt, including but not limited to engaging a debt collection agency or pursuing legal action to recover the amount owed, including any legal fees and costs associated with the collection process.

11.5 Legal Action:
If legal action is necessary to recover unpaid fees, you agree to indemnify Mind Maths Academy Ltd for all costs, expenses, and fees (including reasonable legal fees) incurred in recovering the debt.

11.6 Access to Course Materials

11.6.1 Course Access:
You will have access to the Course materials for the duration of your subscription, which is 36 months in total, subject to full payment being received.

11.7 Marking of Milestone Exams

11.7.1 Marking Service:
As part of the Course, the Company will provide a service to mark milestone exams at the end of each level. Based on the exam results, the Company will offer advice on whether the student may proceed to the next level or redo the current level. This advice is entirely optional and non-binding, leaving the final decision to the student.

11.7.2 No Guarantee of Progress:
The Company does not guarantee that the student will pass any level or that they will not be required to redo any levels based on the milestone exams.

12.TERMINATION

12.1 Termination by Company:
The Company reserves the right to terminate your access to the Course if you fail to make payments or violate any terms of this Agreement.

12.2 Effect of Termination:
Upon termination, you will lose access to the Course materials and no refund will be provided.

13.Billing and Renewal

Your subscription will continue and automatically renew unless cancelled within the free trial period. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.

14.Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

15.REFUNDS POLICY

All sales are final and no refund will be issued. This does not include in the 14-day cooling off period as above.

16.Intellectual Property Rights

Unless otherwise stated, all content on this Website, including but not limited to text, graphics, logos, images, audio clips, video clips, and digital downloads, is the property of Mind Maths Academy Ltd or its content suppliers and is protected by international copyright laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial educational purposes only. You agree not to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website without our express written permission.
• Modify or create derivative works based on the Website’s content.
• Distribute or publicly display any content from the Website without proper attribution and our prior written consent.

When you upload or contribute content to the Website (e.g., submitting homework or participating in forums), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display that content in connection with the operation of the Website and our business.

17.Prohibited Activities

You agree not to use the Website for any unlawful purposes or in any way that could harm the Website or impair other users’ enjoyment of it. Specifically, you agree not to:

• Violate any applicable laws or regulations.
• Engage in any activity that interferes with or disrupts the Website or the servers and networks connected to the Website.
• Attempt to gain unauthorized access to the Website, other users’ accounts, or computer systems or networks connected to the Website.
• Transmit any viruses, malware, or other harmful code that could affect the functionality of the Website or the services provided.
• Use the Website to harass, abuse, or harm another person, including children.

18.External Links and Third-Party Services

Our Website may contain links to third-party websites or services that are not owned or controlled by Mind Maths Academy Ltd. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You access these third-party sites at your own risk, and we recommend that you review the terms and conditions and privacy policies of any third-party websites you visit.

From time to time, we may integrate third-party applications or services to enhance the functionality of our Website. Your use of these third-party applications and services may be subject to additional terms, which will be provided to you when applicable.

19.Disclaimer

The services are provided on an “as-is” and “as-available” basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Website will meet your specific requirements.
• The Website will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Website will be accurate or reliable.
• Any errors in the Website will be corrected

We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

20.Limitation of Liability

In no event shall Mind Maths Academy Ltd, its directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the services, even if we have been advised of the possibility of such damages. This includes but limited to:

• Your access to or use of, or inability to access or use, the Website.
• Any conduct or content of any third party on the Website.
• Any unauthorized access, use, or alteration of your transmissions or content.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

21.Indemnification

You agree to defend, indemnify, and hold harmless Mind Maths Academy Ltd, its affiliates, and their respective officers, directors, employees, agents, licensors, subsidiaries and suppliers from and against all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable lawyer’s fees) made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22.Governing Law and Jurisdiction

These Legal Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Legal Terms, the Website, or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

23.Severability

If any provision of these Legal Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Legal Terms shall remain in full force and effect. Any invalid or unenforceable provision shall be modified to the extent necessary to render it valid and enforceable, while preserving its original intent.

24.Waiver

Our failure to enforce any right or provision of these Legal Terms will not be considered a waiver of those rights. Any waiver of any provision of these Legal Terms will be effective only if in writing and signed by an authorized representative of Mind Maths Academy Ltd.

25.Entire Agreement

These Legal Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and Mind Maths Academy Ltd concerning the use of the Website.

26.Contact Us

If you have any questions about these Legal Terms, please contact us at:

Mind Maths Academy Ltd
35 Birdhall Road,
Cheadle Hulme,
Stockport, SK8 5QE,
United Kingdom
Email: [email protected]