1. THE CONTRACT BETWEEN US

1.1 To contact us, please email info@totallyphysics.co.uk

1.2 We strongly recommend you read these terms and conditions carefully before registering and before ordering any services from our site. These terms and conditions (together with the documents referred to in it) set out the rules for your use and your school’s use of this website and tells you how we supply the materials and resources to you and your school. These terms and conditions will apply to any contract between your school and us for the supply of materials, resources and services to your school. If you, on behalf of your School, do not agree with any of the terms and conditions, you should not continue with your purchase and/or registration.

1.3 We may amend or change the contents of this website, including these terms and conditions at any time without notice, by posting such changes on the website. It is your responsibility to check the conditions regularly to ensure that you are aware of any changes. Your continued use of this website following the posting of any such changes will constitute your acceptance of the revised conditions.

1.4 You should print a copy of these terms and conditions for future reference. If you do not accept these conditions, you may not use this website and may not access any of the services or resources offered via this website.

2. CONDITIONS

2.1 These terms and conditions govern your School’s use of the information and resource materials provided by us (“Resources”) and any membership services ordered by you on behalf of your School through this website (“Services”).

2.2 You confirm that you have authority to bind the School on whose behalf you use our site to register for our Services and to purchase Resources.

2.3 Where we refer to you in these terms and conditions, this means you acting on behalf of your School. If you do not have authority to bind your School you should not proceed with any registration or purchase. If you proceed we shall assume you have authority to bind your School to these terms and conditions.

3.RIGHTS OF USE

3.1 You agree that you will only use the Services and the Resources for the legitimate purposes of your School and not in your capacity as an individual consumer;

3.2 You may not and may not allow others to sell, transfer, sub-license, distribute or create works derived from the content of this website, the Services, the Resources or any part of them;

3.3 Unauthorised copying, duplication, hiring or sale of any of the Resources is strictly prohibited and screening of any video outside of the School is also prohibited; Resources may not be made available electronically external to your school.

3.4 Resources may be downloaded and then internally distributed within your school and may also be installed on a teacher’s PC at home;

3.5 Photocopying of the Resources is permitted by the School for circulation to students or teachers within the School; and

3.6 All users of the Resources must be students, their parents or teachers within the School.

3.7 You are responsible for all use made of the Services and the Resources. We will not be responsible for any infringement of third party rights which arise as a result of your use of these materials.

3.8 We and our third party providers and licensors retain all rights, title and interest in and to the Resources, the Services, this website and any other materials provided to you by us. All copyright and other intellectual property rights will remain our property (and/or that of our licensors) and will remain vested with us (and/or our licensors).

4.ORDERS AND DELIVERIES

4.1 All Resources and Services which you order will be made available to your account to be downloaded and then internally distributed within your school.

4.2 It is your responsibility to ensure that School procedures are adhered to when you register to become a Subscriber and/or place an order to purchase certain Resources/Services via this website.

5. PRICE AND PAYMENT

5.1 The price for the Resources/Services will be as quoted on our website at the date we receive your order for Resources/Services.

5.2 We will endeavour to make sure that all prices advertised on the website are correct. However, from time to time errors may occur. If we discover that the Resources/Services you have ordered were listed at an incorrect price, we will inform you of the correct price as soon as possible. We will give you the option to cancel your order or to proceed with your order at the correct prices; if you choose to cancel your order we will refund any payments you have made for that order.

6.3 Prices are subject to change at any time (at the Company’s sole discretion). We will post prices on the website.

5.4 For the avoidance of doubt, regardless of your method of payment, you confirm that all orders placed by you are done so on behalf of the School or your business or organisation and not by you as an individual.

6.CANCELLATION BY US

6.1We reserve the right to cancel any order from you where the Resources/Services ordered by you are no longer available. If this happens we will refund any payments your School has made in relation to that order.

6.2We reserve the right to cancel any order from you if for any reason:

6.2.1 we are unable to take the necessary payment by the date due; or

6.2.2 we reasonably believe you are using the Services in bad faith or mis-using the Services in any way;

6.2.3 we reasonably believe that your School is in breach of any part of these terms and conditions.

6.3 In which case, all rights granted to your School in these terms and conditions will be terminated. A cancellation fee may also be payable by your School.

7. DISCLAIMERS AND LIABILITY

7.1 The Services and Resources are not designed to meet your School’s individual requirements and you are fully responsible for determining, on behalf of your School, that the Resources (and any other materials you access via the Services) are: (a) sufficient and appropriate for your specific purposes; and (b) are compatible with your computer hardware and devices.

7.2 We are not liable for any defect or failure arising from your use of the Services or Resources, incompatibility of your equipment, your failure to follow instructions to access the Services, or any misuse or alteration of the Resources whatsoever.

7.3 We do not warrant that the website and the Services will be uninterrupted, secure or error free or that this website and the Services will be free of viruses or other harmful components.

7.4 Other than as expressly set out in these terms and conditions we give no representations or warranties, either expressly or by implication. This includes (without limit) any warranties in respect of accuracy, completeness, currentness, timeliness, merchantability or fitness for a particular purpose. No warranty is given that your School’s use of the Resources and/or the Services will not infringe the rights of a third party.

7.5 We do not accept any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of materials or data, waste of management or office time or for any indirect or consequential loss or damage of any kind, however such losses arise and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

7.6 We shall have no liability to pay any money by way of compensation other than to refund the amount paid by your School for the Resources.

7.7 Notwithstanding any other provision in this paragraph 8, we do not exclude or limit our liability for:

7.7.1 death or personal injury caused by our negligence;

7.7.2 fraud or fraudulent misrepresentation; or

7.7.3 any matter for which it would be illegal to exclude, or attempt to exclude, liability.

8. HOW WE USE YOUR PERSONAL INFORMATION

8.1 We will use your personal information in accordance with our privacy policy. Please take time to read our privacy policy as you agree, on behalf of your School, to be bound by the terms of our privacy policy.

9. WRITTEN COMMUNICATIONS

9.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect any statutory rights.

10. TRANSFER OF RIGHTS AND OBLIGATIONS

10.1 The contract is between your School and us and is binding on any respective successors and assigns, and you confirm that you have the necessary authority to bind your School to this contract.

10.2 You may not transfer, assign, charge or otherwise dispose of any rights or obligations which arise under these terms and conditions.

11. EVENTS OUTSIDE OUR CONTROL

11.1 We shall have no liability to you if we cannot provide the Services or deliver the Resources you have ordered; or for any delay in doing so; or for any defect to any Resources or any Services that is caused by any event or circumstance which is beyond our reasonable control such as, without limit, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.

12. WAIVER

12.1 If we fail, at any time to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce any of the our rights against you, or we delay in doing so that will not mean we have waived our rights against you and will not mean you do not have to comply with those obligations.

13.SEVERABILITY

13.1 Each paragraph of these terms and conditions operates separately. If any court or relevant authority decides that any term is unlawful or unenforceable, the remaining paragraphs remain in full force and effect.

14. ENTIRE AGREEMENT

14.1 These terms and conditions, together with our current website prices, contact details and privacy policy, set out the whole of our contract with your School relating to your School’s access to and use of this website and the Services and the supply of the Resources to your School. Nothing said by any sales person on our behalf should be understood as a variation of these conditions or as an authorised representation about the nature or quality of any Resources offered for sale by us. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.

15. LAW AND JURISDICTION

15.1 The contract between us and the School, and any matter arising from or in connection with these terms and conditions, shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

  1. This website is intended exclusively for residents of the United Kingdom. We make no representations that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, to the extent local laws are applicable.

Privacy Terms:

If you do not accept these conditions, you may not use this website.

1 Information collection

1.1 When you visit, register with, or order materials or classroom resources from this website you may be asked to provide certain information about yourself (including your name and contact details).

1.2 The Company may also collect information about your usage of this website as you and others browse our website (see section on “cookies”), as well as information about you from messages you post to the website and emails or letters you send to the Company.

1.3 The Company may also monitor your use of the website services including your download activity. The purpose of this monitoring is to ensure that users do not mis-use the service or the resources and to prevent any irregular download activity.

2 Use of the information we collect

2.1 Your personal information will enable us to provide you with access to all parts of our site and will be used for several general purposes, including: administering our business activities; providing products and services you have requested; personalising your experience on our website and keeping you up to date with our products and services.

2.2 We may provide other information to you if we think you may find it of interest. We may contact you by post, telephone or fax, as well as by e-mail. If you no longer wish to be contacted in the future by us, please send an email to info@totallyphysics.co.uk and insert “unsubscribe” or “stop” as the appropriate subject heading.

3 Data Retention The Company will retain the personal information provided by you for as long as is reasonably necessary for the purposes listed in this policy.

4 Disclosure of information

4.1 The information you provide to us will be held on our computers [in the UK] and may be accessed by or given to our staff or to third parties for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfill and deliver orders, process credit card payments and provide support services on our behalf.

4.2 We will also pass aggregate information on the usage of our site and services onto third parties, but this will not include information that can be used to identify you.

4.3 If the Company sells, assigns or transfers the assets of its business, or if its business is merged, or enters into a joint venture with another business entity, the Company reserves the right to sell or transfer the databases maintained by the Company in connection with its business (including any personal information provided by you).

4.4 We may disclose personal information in response to legal process, for example, in response to a court order. We also may disclose such information in response to a law enforcement agency’s request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, non-compliance with of our terms and conditions, or as otherwise permitted or required by law and consistent with legal requirements.

5 Cookies

5.1 Similar to other commercial websites, our website utilises a standard technology called “cookies” and web server log files to collect information about how our website is used. Information gathered through cookies and Web server logs allow us to monitor website traffic and to personalise the content of the site for you.

5.2 A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that sites computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browsers preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Browsers are usually set to accept cookies. However, if you would prefer not to receive cookies, you may alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our site will not function as effectively when viewed by the users. A cookie cannot retrieve any other data from your hard drive or pass on computer viruses.

5.3 This website uses the following cookies: * Analytical cookies – these allow us to recognise and count the number of visitors and to see how visitors move around the site then they are using it. * First Party cookies – these are cookies set by this website and allow us to remember your options when you visit the site * Google cookies – This site utilises Google Adwords and Google Adwords remarketing service to help visitors find our website. Third party vendors, including Google, show our ads on sites on the internet. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to our website. Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page.

For more information about cookies and how to control them, you can visit www.ico.gov.uk

6 IP Addresses

IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the web pages you request) can be sent to you.

7 Security

We employ security measures to protect the information provided by you from access by unauthorised persons and against unlawful processing, accidental loss, destruction or damage.

8 Accessing and updating your information

8.1 You are entitled to see a copy of the personal information that we have collected online and that we maintain (about you). If you wish to do this, please email us at info@totallyphysics.co.uk and insert “access request” as the subject heading. We may charge a small fee to meet our costs in providing you with these details.

8.2 You may ask the Company to make changes to the information provided by you and/or held about you, to ensure that it is accurate and kept up to date. You may also request that the Company ceases from processing your personal information and that it deletes this from its database or records. Please note that it may be impossible to completely delete your information because of back-ups and records of deletions.

8.3 We will only perform the activities outlined above to the extent that such activities will not compromise privacy, security or any other legal interests.

9 Contact

All comments, queries and other requests relating to our use of your information should be addressed the customer services team at info@totallyphysics.co.uk