USER TERMS
These terms apply to any type of interaction you have with Queen Mary Academy. This could be by accessing and using our information, goods and services (“services”) via websites, mobile applications or other means.
Please read through the terms carefully as they affect your legal rights and accountability under the law.
If you do not agree with these Terms, please do not sign up, subscribe or use our website, or purchase any of our services.
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The Terms
1.1 The agreement in these Terms of Use (“Terms”) is between you the user (“You) and Queen Mary Academy (“We, US” or “Queen Mary Academy”).
1.2 These terms will apply whenever you use a website owned or operated by us (“Website”), a mobile application or any other means to access our services (“Services”) and by continuing to use or access the Services, you accept these terms (“Terms”) and agree that the terms will apply to the contractual agreement between you and us (the “Agreement”).
1.3 These Terms may occasionally be amended. Any amendments or updated terms will be made available on our website. You may terminate this agreement if you do not wish to be legally bound by any term amendments, however, by continuing to use our Services, you will be deemed to have accepted any new terms.
1.4 Please take into account that these Terms apply only to the provision of services by Queen Mary Academy to you, namely the Course access service we provide which allows you to purchase courses (“Courses”) which are listed on our Website and applications. The Courses are provided by qualified tutors (“Tutors”, teachers (“Teachers”) and other third-party organisations.
1.5 We make courses available on the Queen Mary Academy platform, but we are not legally responsible for the content Queen Mary Academy and we do not guarantee that the Courses will be suitable for your specific learning requirements. Responsibility for the content and delivery of a Course will be with the relevant Course Tutor.
1.6 Additional terms may apply to specific courses, and these terms will be available in the listing for the relevant Course.
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Registration
2.1 When using our Services, you will receive an invitation to register with us. Registration is not necessary to access our Services. However, you will not be able to purchase a course through us if you have not registered and set up an account (“Account) with us.
2.2 To register with us, we will require that you provide your full name and valid email address. We may also require additional information. Please take into consideration that any personal information that you provide to us will be subject to our data protection policy (“Privacy Policy”) which forms part of the Agreement.
2.3 You will also be required to create a password when you register. We highly advise that you keep your password private and do not share it with any third party. If you do share your password with a third party, and when they access the Services or use our Services, they will be deemed to be acting as an agent for you. We will not be held legally responsible for any action taken by a third party with whom you have shared your password. If you believe a third party has access to your password and is using your account without your consent, please contact us straight away and we will suspend or close the Account at our discretion.
2.4 You are required to supply a valid email address when registering in order for us to email you with your Course information, updates and information about our Services. We will not be held legally responsible if you fail to provide a valid email address and you do not receive Course information from us that you may be expecting. If you have provided an incorrect email address, please notify us straight away, so that we can correct the information we hold about you.
2.5 When you register with us, you will be asked if you agree to us sending you emails. If you do not wish to receive emails from us, we will not be able to send you emails including promotional offers on Courses and other Services we can provide you. You may also be asked in the future if you agree to us sharing your details with our affiliates, so that they can email you with information regarding their services, products or promotional offers. If you agree to receive emails, either from us or our affiliates, you will have the option to unsubscribe to these emails at any time.
2.6 We may suspend or close your Account at any time if you are in breach of the terms of this Agreement. If we suspend or close your Account, you will not be able to purchase further Courses through us or use any of our other Services and will not be able to access the Services.
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Purchases and Payment
3.1 You will be able to purchase a Course directly using our Services. When you place an order, you must authorise the payment. We may take payment from you at any time between you placing the order and us making the content available.
3.2 When you stipulate that you wish to purchase a Course, you will be asked to make a payment in full. A purchase will not be complete and you will not have guaranteed a place on your chosen Course until you have made payment and received confirmation via email from us.
3.3 Payment will be made to us via our PayPal account or by credit or debit card.
3.4 Once you have received notification that the payment has been successful, we will confirm the Course and provide access details via email. We may also notify the Tutor of your purchase, and where necessary, provide them with your contact details. By making a purchase, you are deemed to have consented to us sharing your contact details with the Tutor.
3.5 Once we have confirmed your purchase, a binding agreement will have been made for the purchase of the Course. Your purchase will always be subject to, and the Course will be provided in accordance with the terms of the Tutor of the specific Course.
3.6 Your order is an offer to purchase the Course content from us. There will be no contract between you and us unless and until we take payment from you. At any point up until then, we may decline to provide the Course to you without providing any specific reason. If we take payment from you and fail to provide access to the Course for any reason, we will make sure to refund you in full.
3.7 The prices payable for the Courses that you order are clearly outlined on the Website or application on which you make your purchase. If, by error, we have under-priced a Course, we will not be liable to provide that Course to you at the stated price.
3.8 All prices are inclusive of any VAT payable unless otherwise stated.
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Your Right to Cancel
4.1 If you wish to cancel a purchase, make sure to contact us via email within 14 days of the purchase confirmation email.
4.2 Please see our returns and cancellation policy which explains your right to cancel a contract for the purchase of a Course and how you can exercise that right.
4.3 Please take into consideration that once you have confirmed your purchase of downloadable content and your download has started, you will not be able to cancel the contract and we will not offer a refund unless the download is defective.
4.4 If you find that your download is defective, please contact us within 30 days of downloading the content, and we will provide you with a replacement download or refund; if you so wish.
4.5 We will notify the Tutor as soon as you have notified us that you wish to cancel your purchase. If you have notified us within the timeframe set out in clause 4.1, you will be entitled to a full refund, unless your download has already started.
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Course Materials and Content
5.1 The Course material will be provided in accordance with the Course description, and subject to our right to edit or remove any material, will be accessible for the duration of the Course. The Course will not be accessible (except for a limited period at our discretion) after the Course has been completed. It is highly advised that you download all the available material during the term of the Course.
5.2 We endeavour to ensure that Tutors who list their Courses are providing material of a high quality, but we accept no responsibility and will have no liability to you if the Course does not meet your learning requirements, or you are dissatisfied with the material. Your right of action or claim will be against the Tutor.
5.3 We will endeavour to resolve any technical issues which inhibit or restrict access to the material during the Course. Access may from time to time be restricted or interrupted to allow for maintenance or the implementation of new facilities or Services.
5.4 We accept no responsibility if you lose or delete downloadable content during or after the Course, although, at our discretion, we may assist with recovery.
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Termination and Suspension
6.1 We may suspend your Account at any time, in the case of you breaching our terms. Moreover, if you have not registered with us, we may suspend your access to the Services if we believe you to be in breach of this Agreement.
6.2 If we suspend your Account or access to the Services for any reason, we may refuse to provide you with access to any Services or the right to purchase further Courses. If you attempt to breach this clause by trying to create a new Account, we have the right to terminate our agreement with you and any existing Account you may have.
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User-Generated Content
7.1 We may offer opportunities for users to post content (“Content”) via our Services.
7.2 We may remove Content from our Websites or applications for any reason, especially content which fails to meet our standards.
7.3 You are the author of the Content;
7.3.2 You own all of the intellectual property rights in the Content (unless the Content consists only of information.)
7.4 Any Content that you publish via our Services will be your personal responsibility. You will be liable for all claims regarding defamation, breach of intellectual property, confidentiality or any other claims arising from your Content.
7.5 You agree to compensate us in regard to any liability we may suffer as a result of any claims relating to defamation, breach of intellectual property, confidentiality, or any other claim arising from your Content.
7.6 You agree that you will not publish any offensive, inaccurate, misleading, defamatory, fraudulent or illegal Content.
7.7 In particular, you agree not to publish (or otherwise use our Services to distribute) any Content or engage in any activity which:
7.7.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
7.7.2 harasses any person or supports the harassment for any person
7.7.3 displays or promotes pornographic or sexually explicit material of any kind;
7.7.4 does anything or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
7.7.5 is illegal, violates intellectual property rights, defames any person, breaches privacy or promotes any illegal activities;
7.7.6 Fosters illegal or unauthorised copying of another person’s copyright work, such as providing pirated computer programs or links to them, providing information to bypass manufacturer-installed copy-protected devices. Or providing pirated music or links to pirated music files;
7.7.7 provides instruction information regarding illegal activities such as making or bullying illegal weapons, violating someone else’s privacy or installing or creating computer viruses;
7.7.8 includes or is subject to restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);
7.7.9 Solicits passwords or personally identifying information from other users for commercial or unlawful purposes;
7.7.10 Involves the transmission of “junk mail”, chain letters, or unsolicited mass mailing or “spamming”;
7.7.11 promotes information that you know to be false or misleading;
7.7.12 includes personal information, such as names and contact details; or
7.7.13 amount to commercial activities and/or sales, such as contents, sweepstakes, barter, advertising and pyramid schemes
7.7.14 Involves uploading any files using our Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.
7.7.15 access our services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our consent.
7.7.16 solicit log-in details or accessing the Account of someone else.
7.7.17 bully, intimidate, or harass any user of our Services.
7.7.18 do anything unlawful, misleading, malicious, or discriminatory.
7.7.19 do anything to disable or disrupt the proper functioning of the Services.
7.7.20 do anything to suggest, express or insinuate that statements made by you are endorsed by us.
7.7.21 impersonate any other individual in any profile whether or not that person is a user of our Services.
7.8 We reserve the right to remove any Content from our services at any time and for any reason.
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Notice and Take-down
8.1 We will endeavour to identify and remove Content that is defamatory or violates intellectual property rights when notified but will not be responsible if you fail to provide the necessary information.
8.2 Should you believe that any Content which is provided by our Service is defamatory or violating intellectual property rights, please contact us via email to Queen Mary Academy including the following details:
8.2.1 Your full name and contact information, including your home address, telephone number and e-mail address;
8.2.2 The exact URL or Service at which the defamatory or infringing content appears;
8.2.3 the Content you believe is defamatory or violating intellectual property rights;
8.2.4 The reasons for which you believe that the Content is defamatory or violating intellectual property rights;
8.2.5 A statement attesting that you are authorised to act on behalf of the claimant or rights holder; and
8.2.6 A signed declaration of truth in respect of the information in the notice.
8.3 Any statement made under this clause may be used in court proceedings.
8.4 If you find any offensive, inaccurate or damaging Content, or if you are subject to any form of abuse or harassment, we ask that you notify us straight away via email at info@queenmaryacademy.org.uk
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Viruses, Hacking and Other Offences
9.1 You agree not to upload any files or post or publish any using our Services that contain viruses, corrupted files, or malicious code or any other relevant software or programs that may harm another’s computer.
9.2 You must not issue our Services by knowingly planting viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service stack.
9.3 By breaching this provision, you would be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement
Authorities, and we will co-operate with those authorities by divulging your identity to them. In the case of a breach, your registration and right to use our Services will cease with immediate effect.
9.4 We will not be responsible for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that could infect your computer equipment, programs, data, or other sole material due to your use of our Services.
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Availability and Our Liability
10.1 we will not be responsible to you for any business, financial or economic loss for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any Services we provide to you under, or in any other way related to this Agreement (whether suffered or incurred as a result of our dereliction of duty or otherwise) except in the case of fraud, wilful concealment or theft.
10.2 To be clear, the liability excluded under clause 11.1 includes any loss arising from your dealing with any Tutor or arising from the Courses, and we shall not be responsible for any act or omission of the Tutor in relation to the courses, or in connection to the courses themselves.
10.3 Our liability to you for all losses under these terms (subject to any liability In accordance with clause 10.5 below) is restricted to the total amount you have paid for Courses you have purchased with us.
10.4 No claim may be brought against us in relation to a Course more than 12 months following the date on which you purchased the relevant Course.
10.5 Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud or fraudulent misrepresentation.
10.6 You agree that the above exclusions of liability are just in all situations, especially in light of the fact that our responsibilities under this Agreement include only the provision of the Content and responsibility for the Course lies solely with the Teacher for whom we act only as a distributor in a limited capacity.
10.7 Although we strive to provide the best service possible, we cannot guarantee that our Services will meet your learning requirements. We cannot ensure that they will be error-free. If a fault occurs with our Services you should contact us immediately at info@queenmaryacademy.org.uk, and we will endeavour to correct the fault as soon as possible.
10.8 your access to our Services may be restricted or interrupted from time to time to allow for repairs, maintenance or the introduction of new facilities and Services. We do our best to ensure that the Service is restored as soon as possible. Access to the Services may be restricted whether or not you are registered with us. Any restrictions or interruptions shall not represent a breach of these terms by us.
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Intellectual Property
11.1 the format and content of our Services and all Course Content is protected by United Kingdom and international copyright, and we and the Tutors reserve all rights in regard to our copyright, whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on our Services or Courses.
11.2 Course material is provided solely for personal use and may not be copied, sold, shared, resold or licensed to any other party.
11.3 Our Services, Websites, applications and other materials may not be reproduced, duplicated, sold, resold, visited, or otherwise exploited for any commercial reasons without our knowing and written consent. You may not systematically extract and/or re-utilise parts of the Contents of the Services, websites, applications or other materials without our express written consent. Specifically, you may not utilise any data mining, robots, or similar data collecting and extraction tools to extract (whether once or repeatedly) for re-utilisation of any substantial parts of our Services, Websites, applications or materials without our given written consent.
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International Use
12.1 We make no guarantees that our Services and the Courses we provide are appropriate or available for use in locations outside the UK and accessing our Services from areas where its Contents are illegal or unlawful is forbidden. If you choose to access our Services from locations outside the UK, you do so at your own risk, and will be fully responsible for compliance with local laws.
12.2 You shall comply with all foreign and local laws and legislation which apply to your use of our Services in whatever country you are located, including without limitation, consumer law, export control laws and regulations.
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General
13.1 If you breach these terms and we choose to take no action, or fail to do so, then we will be authorised to take action and enforce our legal rights and remedies for any other breach.
13.2 we will not be liable for any breach of these Terms and Purchase caused by situations beyond our control.
13.3 We may make changes to the Content and format of our Services, Websites, applications and materials, at any time without prior warning.
Queen Mary Academy
Returns and Cancellations Policy
This policy outlines your right to cancel your contract for the purchase of a Course from us, Queen Mary Academy.
Right to Cancel Contract for Online Access, Downloadable Content and Goods Under the Consumer Regulations
Online Access
Where Services are provided via online access, you will be authorised to cancel the access within 14 days of your purchase; however, if you choose to begin the Course within this period, then you will not be able to cancel.
On cancellation, you will receive a full refund.
Downloadable Content
You have the right to cancel your contract for downloadable Content within 14 days from your date of purchase. However, if you have already begun the download, you lose the right to cancel.
On cancellation, you will receive a full refund.
You do not need to provide a reason, and you can cancel by completing the cancellation form provided.
Exercising Right to Cancel
To exercise your right to cancel, you must inform us, Queen Mary Academy, via info@queenmaryacademy.org.uk of your decision to cancel this contract by providing a clear statement. You may use the cancellation form, although you are not obliged to.
To meet the cancellation deadline, you must inform us that you are exercising your right to cancel before the cancellation period has ended.
Effects of cancellation
If you cancel this contract, we will reimburse you all payments received from you.
We will make the reimbursement with immediate effect.
We will make the reimbursement using the same method of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of reimbursement.
