Terms and Conditions for The Shop

Teaching Resource Licence

Your use of the licenced material (as defined below) is strictly subject to the Terms and Conditions contained in this Teaching Resource Licence (this “Licence”). This Licence is a legally binding agreement between you and The Reward Foundation in relation to Your use of the Licensed Material. By using the Licenced Material you confirm that you accept the Terms and Conditions under this Licence and agree to be bound by them. Please read the Terms and Conditions under this Licence carefully.

1. Introduction.

1.1 These Terms and Conditions shall govern the sale and supply of downloadable course materials through our website. They also cover the subsequent use of those course materials.

1.2 You will be asked to give your express agreement to these Terms and Conditions before you place an order on our website.

1.3 This document does not affect any statutory rights you may have as a consumer.

1.4 Our Privacy Policy can be viewed here.

1.5. You acknowledge that the subject matter contained within the lessons may appear objectionable to some people. It deals with sexual behaviour. All reasonable steps have been taken by us to ensure that no pornographic material is shown. We have also ensured that the language is commensurate with the subject being discussed by children. By accepting these Terms and Conditions you accept the risk for any possible discomfort or hurt feelings that may arise in the lesson preparation or its delivery.

1.6 For the avoidance of doubt, this Licence to use the materials does not confer ownership of the licensed materials.

2. Interpretation

2.1 In these Terms and Conditions:

(a) “we” means The Reward Foundation, a Scottish Charitable Incorporated Organisation under the law of Scotland with charity number SCO44948. Our registered office is: The Melting Pot, 15 Calton Road, Edinburgh EH8 8DL, Scotland, United Kingdom. (and “us and “our” should be construed accordingly);

(b) “you” means our customer or prospective customer under these Terms and Conditions (and “your” should be construed accordingly);

(d) “your course materials” means any such course materials that you have purchased or downloaded for free through our website. This includes any enhanced or upgraded version of the course materials that we may make available to you from time to time;

(e) “Licence” has the meaning given in the preamble to this Licence; and

(f) “Licenced Material” means the artistic or literary work, image, video or audio recording, database, and/or other material supplied to You by the Licensor for use under this Licence. Licensor means The Reward Foundation, a Scottish Charitable Incorporated Organisation under the law of Scotland with charity number SCO44948. Our registered office is: The Melting Pot, 15 Calton Road, Edinburgh EH8 8DL, Scotland, United Kingdom.

(g) “Individual Licence” means the Licence purchased, or accepted on a free basis, by a person for their own teaching use. It is not transferrable to other people, to a school or institution.

(h) “Multi-User Licence” is a Licence purchased, or accepted on a free basis, by a school or other institution which can be made available for corporate use to deliver educational services.

3. Order process

3.1 The advertising of course materials on our website constitutes an “invitation to treat” rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your order. This will be in accordance with the procedure set out in this Section 3.

3.3 To enter into a contract through our website to purchase or obtain free downloadable course materials from us, the following steps must be taken. You must add the course materials you wish to purchase to your shopping Basket, then proceed to the Checkout; if you are a new customer, you have the option to create an Account with us and log in; for private customers, Accounts are optional, but they are mandatory for corporate customers; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an order confirmation. At this point your order will become a binding contract. Alternatively, we will confirm by email that we are unable to meet your order.

3.4 You will have the opportunity to identify and correct input errors prior to making your order.

4. Prices

4.1 Our prices are as quoted on our website. Where prices are quoted as £0.00, the licence will still apply, even though no money will be charged for it.

4.2 We will from time to time change the prices quoted on our website. This will not affect contracts that have previously come into force.

4.3 All amounts stated in these Terms and Conditions or on our website are stated exclusive of VAT. We do not charge VAT.

4.4 The prices indicated for each lesson or bundle are for an individual purchasing a Licence for their own use.

4.5 Where schools, institutions and other corporate entities wish to purchase or obtain free downloads of our course materials, they must purchase a Multi-User Licence. This is costed at 3.0 times the individual Licence. It can then be used within the school or institution and will not be tied to any individual teacher or member of staff. Where materials are offered free of charge, the representative making a free purchase on behalf of a school, organisation or other corporate entity still needs to choose a multi-user licence to ensure that an appropriate legal relationship has been established between The Reward Foundation and the licence holder.

5. Payments

5.1 You must, during the checkout process, pay the prices of the course materials you order. The selected price must be appropriate for the type of Licence selected, Individual Licence or Multi-User Licence.

5.2 Payments may be made by any of the permitted methods specified on our website from time to time. We are currently only accepting payments through PayPal, though this does allow use of all major credit and debit cards.

6. Licensing of course materials

6.1 We will supply your course materials to you in the format or formats specified on our website. We will do so by such means and within such periods as are specified on our website. In general, delivery of the email allowing download is nearly immediate.

6.2 Subject to your payment of the applicable price and compliance with these Terms and Conditions, we grant to you a worldwide, non-expiring, non-exclusive, non-transferable licence to make any use of your course materials permitted by Section 6.3, providing that you must not in any circumstances make any use of your course materials that is prohibited by Section 6.4.

6.3 The “permitted uses” of your course materials are:

(a) downloading a copy of each of your course materials;

(b) for Individual Licences: in relation to written and graphical course materials: making, storing and viewing copies of your course materials on not more than 3 desktop, laptop or notebook computers, ebook readers, smartphones, tablet computers or similar devices;

(c) for Multi-User Licences: in relation to written and graphical course materials: making, storing and viewing copies of your course materials on not more than 9 desktop, laptop or notebook computers, ebook readers, smartphones, tablet computers or similar devices;

(d) for Individual Licences: in relation to audio and video course materials: making, storing and playing copies of your course materials on not more than 3 desktop, laptop or notebook computers, smartphones, tablet computers, media players or similar devices;

(e) for Multi-User Licences: in relation to audio and video course materials: making, storing and playing copies of your course materials on not more than 9 desktop, laptop or notebook computers, smartphones, tablet computers, media players or similar devices;

(f) for Individual Licences: printing two copies of each of your written course materials solely for your own use;

(g) for Multi-User Licences: printing 6 copies of each of your written course materials solely for your own use; and

(h) printing restrictions for Licences do not apply for making handouts for teaching purposes. In these cases the 1000 student limit applies.

6.4 The “prohibited uses” of your course materials are:

(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any course material (or part thereof) in any format;

(b) the use of any course material (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;

(d) any commercial use of any download (or part thereof). This section does not restrict the delivery of lessons based on the materials, providing that nothing in this Section 6.4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.

6.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your course materials.

6.6 All intellectual property rights and other rights in the course materials not expressly granted by these Terms and Conditions are hereby reserved.

6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any course material.

6.8 The rights granted to you in these Terms and Conditions are personal to you. You must not permit any third party to exercise these rights. The rights granted to you for Multi-User Licences at limited to the purchasing institution or entity. You must not permit any third party to exercise these rights.

6.9 The limit of use of these materials is restricted to 1000 pupils per Licence.

6.10 If you breach any provision of these Terms and Conditions, then the Licence set out in this Section 6 will be automatically terminated upon such breach.

6.11 You may terminate the Licence set out in this Section 6 by deleting all copies of the relevant course materials in your possession or control.

6.12 Upon the termination of a Licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant course materials in your possession or control, and permanently destroy any other copies of the relevant course materials in your possession or control.

7. Distance contracts: cancellation right

7.1 This Section 7 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

7.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 14 days after the day on which the contract is entered into, subject to Section 7.3. You do not have to give any reason for your withdrawal or cancellation.

7.3 You agree that we may begin the provision of course materials before the expiry of the period referred to in Section 7.2. You acknowledge that, if we do begin the provision of course materials before the end of that period, you will lose the right to cancel referred to in Section 7.2.

7.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 7, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the ‘Orders’ button on the My Account page. This will allow you to begin a process to refund your purchase. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

7.5 If you cancel an order on the basis described in this Section 7, you will receive a full refund of the amount you paid to us in respect of the order. If you did not pay any money to complete the order, no money will be refunded.

7.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

7.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 7. It will be without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

7.8 Once a refund is requested and agree, all unused downloads will be cancelled.

8. Warranties and representations

8.1 You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these Terms and Conditions; and

(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.

8.2 We warrant to you that:

(a) your course materials will be of satisfactory quality;

(b) your course materials will be reasonably fit for any purpose that you make known to us before a contract under these Terms and Conditions is made;

(d) we have the right to supply your course materials to you.

8.3 All of our warranties and representations relating to course materials are set out in these Terms and Conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.

9. Limitations and exclusions of liability

9.1 Nothing in these Terms and Conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.

9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these Terms and Conditions:

(a) are subject to Section 9.1; and

(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in delict (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these.

9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

9.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

9.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these Terms and Conditions as a consumer, this Section 9.5 shall not apply.

9.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these Terms and Conditions as a consumer, this Section 9.6 shall not apply.

9.7 You accept that we have an interest in limiting the personal liability of our officers and employees. Therefore, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these Terms and Conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

9.8 Our aggregate liability to you in respect of any contract to provide services to you under these Terms and Conditions shall not exceed the greater of:

(a) £100.00; and

(b) the total amount paid and payable to us under the contract.

(c) if you did not pay any money to download our materials, then our maximum aggregate liability to you in respect of any contract to provide services to will be set at £1.00.

10. Variation

10.1 We may revise these Terms and Conditions from time to time by publishing a new version on our website.

10.2 A revision of these Terms and Conditions will apply to contracts entered into at any time following the time of the revision but will not affect contracts made before the time of the revision.

11. Assignment

11.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these Terms and Conditions.

11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.

12. No waivers

12.1 No breach of any provision of a contract under these Terms and Conditions will be waived except with the express written consent of the party not in breach.

12.2 No waiver of any breach of any provision of a contract under these Terms and Conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

13. Severability

13.1 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2 If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. Third party rights

14.1 A contract under these Terms and Conditions is for our benefit and your benefit. It is not intended to benefit or be enforceable by any third party.

14.2 The exercise of the parties’ rights under a contract under these Terms and Conditions is not subject to the consent of any third party.

15. Entire agreement

15.1 Subject to Section 9.1, these Terms and Conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads (including free downloads) and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.

16. Law and jurisdiction

16.1 These Terms and Conditions shall be governed by and construed in accordance with Scots law.

16.2 Any disputes relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Scotland.

17. Statutory and regulatory disclosures

17.1 We will not file a copy of these Terms and Conditions specifically in relation to each user or customer. If we update these Terms and Conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these Terms and Conditions for future reference.

17.2 These Terms and Conditions are available in the English language only. Although GTranslate is available on our website, we take no responsibility for the quality of translation of these Terms and Conditions effected by that facility. The English language version is the only version that is legally applicable.

17.3 We are not registered for VAT.

17.4 The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.

18. Our details

18.1 This website is owned and operated by The Reward Foundation.

18.2 We are registered in Scotland as a Scottish Charitable Incorporated Organisation under registration number SCO 44948. Our registered office is at The Melting Pot, 15 Calton Road, Edinburgh, EH8 8DL, Scotland, UK.

18.3 Our principal place of business is at The Melting Pot, 15 Calton Road, Edinburgh, EH8 8DL, Scotland, UK.

18.4 You can contact us:

(a) by post, using the postal address given above;

(b) using our website contact form https://rewardfoundation.org/contact/;

(d) by email, using [email protected].

Version – 21 October 2020.