Terms and Conditions
1st April 2020
As Creatives Connect Terms and Conditions of Use
This Agreement details the licence we grant you and governs your use of As Creatives Connect. By accessing As Creatives Connect you are agreeing either yourself or on behalf of your establishment to the terms that appear below.
Summary of As Creatives Connect Terms and Conditions of Use
We strongly advise that you read our Terms and Conditions of Use in full and make a copy for your reference. A summary of the key points from our Terms and Conditions of Use can be found below:
1. The contents of As Creatives Connect are covered by our copyright. Subscribers may use the website and content for bona fide educational and teaching purposes only and may not use them in any commercial or for-profit manner.
2. Users must protect their usernames and passwords from unauthorised use. It is not permitted to share your login details with anyone outside of your educational establishment. Unauthorised access to or use of the website and/or the content by someone using a User’s log-in information will be seen as a breach of our terms and conditions and your subscription will be terminated.
3. The licence period when purchasing an Extraordinary World is 12 months from the date of purchase.
4. We’ll do our very best to make sure that everything on As Creatives Connect is accurate and virus free, but this doesn’t amount to a legal warranty.
5. We’ll do our best to sort out any problems you have with As Creatives Connect but our financial liability for any and all damages will be limited to the amount of your subscription / purchase fee.
6. We’ll do our best to make sure As Creatives Connect is running as close to 100% of the time as we can, but we won’t be liable for any financial claims which may occur as a result of the non-availability of As Creatives Connect.
Terms and Conditions of Use
Please read all these terms and conditions. You should print a copy of these Terms and Conditions of Use, or save them to your computer for future reference.
- These Terms and Conditions of Use will apply to the purchase of a subscription to As Creatives Connect by you (the Customer or You). We are As Creatives Digital Ltd (the owners or As Creatives Connect) a company registered in England and Wales, under number 11249883 whose registered office is at Studio B, Baltic Creative Campus, Merseyside, L1 0AH. Contactable via [email protected] 0151 708 8886.
1.2 These are the terms on which we sell a subscription to As Creatives Connect to you. Before placing an Order on the Website, you will be asked to agree to these Terms and Conditions of Use by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your order. You can only purchase a subscription to As Creatives Connect if you are eligible to enter into a contract and are at least 18 years old.
In these Terms, unless the context otherwise requires, the following expressions shall have the following meanings:
2.1 Customer or You means the school / educational establishment or organisation for whom you work.
2.2 Fees mean the relevant service fees payable by the Organisation to access the service on As Creatives Connect.
2.3 Intellectual Property Rights and Copyright mean all patents, rights to inventions, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, database right, topography rights, moral rights, rights in confidential information (including knowhow and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
2.4 Licence Period means the Initial Licence Period and all Extended Licence Period that relate to the Product. For purchase of Extraordinary Worlds your licence period lasts for 12 months from the date of purchase.
2.5 Organisation means the school, college or similar institution or entity engaged in the field of education that is granted access to As Creatives Connect. For the avoidance of doubt, where an organisation consists of a number of individual entities, branches and/or a federation, each entity, branch or entity within that federation shall be deemed as an individual Organisation unless otherwise agreed in writing by As Creatives Connect.
2.6 Personal Data means information about an individual person that can identify that individual person (e.g. name, email address or age).
2.7 Services means the As Creatives Connect website, including any Goods, of the number and description set out in the Order;
2.8 Product Specific Terms mean the licence and usage terms and conditions relating to the Product.
2.9 Terms mean these terms and conditions.
2.10 You or Your means the Organisation and the Authorised Users unless the context requires otherwise in which case, “You” or “Your” will mean the Organisation.
2.12 Website means our website www.ascreativesconnect.com on which the Services are advertised.
3 Provision of Service
3.1 The As Creatives Connect website and all of its contents is owned by As Creatives Digital Ltd, company number 11249883, whose registered office is at Studio B, Baltic Creative Campus, 49 Jamaica Street, Liverpool, L1 0AH.
3.2 We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
3.3 You will receive access to As Creatives Connect following either payment, or agreement to pay the Fee, whether verbally or in writing if offered credit terms, for the period of your subscription. As Creatives agrees to provide you with reasonable support by telephone or email during normal working hours for the purpose of assisting you to maintain your access to As Creatives Connect. Our office hours can be found on our website www.ascreativesconnect.com.
3.4 Your access to the product you have purchased from www.ascreativesconect.com begins on the day that we send email confirmation to you and will last for 12 months from this date. It is your own responsibility to ensure that the details are passed on to the relevant person at your school or other establishment to facilitate access to As Creatives Connect. Subscriptions / access to content you have purchased cannot be assigned or transferred to another institution without our prior written consent.
3.5 We may suspend access by you and your End Users to all or part of the Services and/or terminate your subscription/licence if you are late with your payments.
3.6 We may charge you interest on overdue sums at the rate of four per cent (4%) per annum above the prevailing rate of HSBC Bank plc from the relevant due date until the date payment is made.
3.7 On registration you or your establishment will be allocated unique login details. You are responsible for all use of As Creatives Connect using your logins and for preventing unauthorised use of your login. You must ensure that any user you pass the login details onto complies with the terms of this Agreement and all reasonable user terms made available on As Creatives Connect. It is not permitted to share your login details with anyone outside of your education establishment. Unauthorised access to or use of the website and/or the content by someone using a User’s log-in information will be seen as a breach of our terms and conditions and your subscription / access will be terminated.
3.8 If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your login, you must contact As Creatives immediately by emailing [email protected].
3.9 You may use As Creatives Connect on all computers on all networks within the purchasing establishment, and on all home computers of teachers or pupils who are for the time being teachers or pupils at the purchasing establishment.
3.10 You may download, for non-commercial instructional use, including for lesson plans, videos and/or video clips designated on the website as downloadables. Copies must be deleted or erased after use or expiration of the subscription whichever occurs first.
3.11 You must take your own precautions to ensure that the process which you employ for accessing the site does not expose you to the risk of viruses. We do not accept responsibility for ant interference or damage to your own computer system or data which arises in connection with your access.
3.12 You may not rent or lease access to As Creatives Connect and you may not provide access (or allow any other person to provide access) to As Creatives Connect on any other computer (except as expressly permitted in paragraph 3.5 above).
3.13 You must not access or use the site or the content in any manner or for any purpose which:
- Is illegal or prohibited by any laws that apply to you;
- Violates our rights in any way; or
- Is prohibited by the general conditions
3.14 If As Creatives Digital reasonably believes that your login is being used in any way which is not permitted by this Agreement, As Creatives Digital reserves the right to cancel access rights immediately on giving notice to you and to block access from your login.
3.15 Once you’ve paid for an As Creatives Connect product you are committed to that subscription for the length of your licence. This means that you will not be entitled to a refund if you decide that you do not wish to continue using the service part way through your subscription.
3.16 If you are subscribing to As Creatives Connect as or on behalf of a school, organisation or institution, you are responsible for ensuring that everyone who uses your licence complies with the terms within this document. Failure to do so may result in the suspension of your access to As Creatives Connect.
3.17 The website and all content including images and videos are the property of As Creatives Ltd. By using the website and the content, neither subscriber nor any of its users gain any ownership interest in the website or the content.
4 Copyright and Intellectual Property Rights
4.1 Copyright on this site (including any images, designs, photographs, animations, video, audio, music and text incorporated into As Creatives Connect) is owned or licensed by As Creative Digital Ltd and is protected by United Kingdom copyright laws.
4.2 All material displayed on As Creatives Connect belongs to As Creatives Digital Ltd. Subject to clause 3.8 you may retrieve and display As Creatives Connect on a computer screen, print individual pages on paper and store files on your internal server for your internal educational non-commercial purposes that comply with this agreement.
4.3 Except where permitted by applicable law, End Users may not (and where you are purchasing for multiple End Users on behalf of an Institution you shall ensure that they do not):
- commercially exploit all or any part of the Services or Content
- use, reproduce, deal with, modify, adapt, the whole or any part of the product and any Content.
- reverse engineer, decompile or disassemble the whole or any part of the Services
- redistribute any Content (including by using it as part of any library, archive or similar service)
- sub-license, assign, transfer, loan, sell, lease, rent, charge or otherwise deal in or encumber the Content or make the Content available to a third party
- download any Content either in part or in its entirety, except as permitted/ facilitated by the product concerned
- remove any copyright, trademark or other notices on any product
- use the website to transmit any chain letters, spam or junk email
- interfere with or disrupt the website, any product or any servers or networks connected to it or introduce any viruses or other harmful properties into it or to any other users
- disclose your password to anyone or permit anyone else to use your password. Each End User is responsible for any use of his/her password.
4.4 The Content may contain content owned by third parties which is licensed to As Creatives Digital (Third Party Content) which will be marked with the copyright notice of those third parties. Some of the Third Party Content will be subject to additional restrictions – the relevant copyright notice will make it clear where that is the case. You are responsible for ensuring that all your End Users comply with these restrictions.
5 Disclaimer and Limitation of Liability and Indemnities
5.1 Although we have no reason to believe that any information contained on the As Creatives Connect site is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information.
5.2 We do not accept responsibility for loss suffered as a result of your reliance on the accuracy of information contained in this site.
6.2 We and our directors, officers, employees and contractors do not guarantee or warrant the site will be uninterrupted, without delay, error-free, omission-free or free of viruses. The content is provided “as is” without warranties of any kind, express of implied, including as to accuracy, timeliness and completeness. We may also carry out scheduled maintenance from time to time.
6.3 Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the As Creatives Connect website or content which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
7 Withdrawal returns and cancellation
7.1 Your Agreement and licence commences on the date we accept your order and continues for a period of 12 months from that date or such other period of time indicated on the product. We will confirm when we have accepted your order by providing you with confirmation and/or giving you access to the Services.
7.2 If you have purchased a rolling annual subscription service, the Agreement will renew automatically for further periods of 12 months each unless either of us gives the other at least 30 calendar days’ prior written notice before the end of the then current subscription period that it does not want to renew the Agreement. In all other cases, the Agreement will end automatically at the end of your subscription period.
7.3 If you are a consumer you have the statutory right to cancel your order at any time within 14 days after the day on which we accept your order and to receive a full refund, provided that you have not started using the Services. Please notify us by email if you wish to cancel your subscription.
7.4 Either of us may terminate the Agreement by notifying the other in writing if the other materially breaches any of the terms of the Agreement and fails to remedy that breach (if capable of remedy) within 14 days of the notice of the breach.
7.6 We may terminate your Agreement by giving you 30 calendar days’ notice (or less where we have an urgent business need) if we discontinue the Services. In that event, we may offer you a pro rata refund for any remaining subscription period or a replacement product.
7.7 On termination of your Agreement your licence to use the Services will terminate. You and your End Users must delete all Content you or they may have downloaded from all servers or devices you or they may have downloaded it to.
8 Circumstances beyond the control of either party
8.1 In the event of any failure by a party because of something beyond its reasonable control:
8.2 The party will advise the other party as soon as reasonably practicable; and
8.3 We will have no liability to You if we are prevented from or are delayed in performing our obligations due to any circumstances and/or reasons which are outside of our control. These circumstances and reasons include strikes, lock-outs or other industrial disputes (whether involving the workforce of your school/employer or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, sanctions, accident, breakdown of plant or machinery, fire, flood, storm, default of suppliers or subcontractors and/or non-performance of any services by As Creatives’ suppliers, banks or subcontractors.
8.4 As Creatives Digital shall not be liable for any loss of data, loss of profit or wasted management time whether they are direct or indirect damages, and As Creatives Digital shall not be liable for any special, indirect, consequential or incidental damages (including damages for loss of use) arising from the Agreement, in tort or otherwise from your use of or inability to use the Services, or from any action taken (or refrained from being taken) as a result of using the Services.
8.5 You acknowledge that we have no liability for any loss, claim or damage suffered by or made against you a result of any unauthorised access to the Services or breach by any of you, or other parties of the terms of your Agreement.
9.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
10 Governing law, jurisdiction and complaints
10.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
10.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
10.3 We try to avoid any dispute, so we deal with complaints as follows: All complaints should be made in writing to [email protected] We will aim to respond with an appropriate solution within 5 working days.
By using the As Creatives Connect website you agree to abide by the terms of these Terms and Conditions of Use. We hope you enjoy using the As Creatives Connect website and we welcome feedback and suggestions for improvements.
As Creatives Digital Ltd
Studio B, Baltic Creative Campus
0151 708 8886
Terms and Conditions last updated November 2020