Get My Grades Ltd. Terms and Conditions
Last Updated: 16/08/2019
These Terms and Conditions (“Terms”) form a legal agreement between You, a user of the Get My Grades Platform ( “You”, “Your” or the “User”) and Get My Grades Ltd., a company incorporated in England and Wales (registered number 10816562) whose registered office is at 101 Flaxton Road, London, SE18 2EJ (“the Provider”, “We” or “Us”).
Please read these Terms carefully as they govern Your rights and obligations when using, accessing, viewing or visiting the Platform (as defined below) which can be accessed from Our website www.getmygrades.co.uk (“Website”) or, from time to time, from other domains as We choose.
We know that sometimes all of this legal jargon can be a bit much, especially if You’re studying for Your exams! Therefore, for ease of reading, we have created a Simplified version of our Terms and Conditions. To avoid any doubt, these Terms remain the legally binding agreement between You and Us.
These Terms do not affect Your statutory rights (consumer rights that You would have under the law when buying any goods or services, as applicable).
1.1 In these Terms, the following definitions shall apply unless the context otherwise requires:
“Educational Content” means any and all learning materials, content, information and questions produced and published by Us including, but not limited to, text, graphics, diagrams, videos or any other similar content;
“Family User” means a parent, guardian or other adult who wishes to set up and pay for one (1) or more Subscriptions;
“Feepayer” means any User that pays a Subscription Fee for any Student User(s).
“Institution” means any school, charity, tuition agency or other company or similar group that may wish to sign up and/or purchase Student User Subscriptions.
“Platform” means any and all software, material, information, material and/or content hosted online by Us for the purpose of providing educational technology services, including any hardware or software (such as servers, operating systems or networks) operated by Us and/or any one (1) or more third parties from time to time in order to support the delivery of the Services;
“Principal Family User” means a parent, guardian or adult who pays for one (1) or more Subscriptions and is treated by us as being principally responsible for a student;
“School” means any registered school or other similar registered education provider (whether public or private, in any jurisdiction) whose main purpose is to be the main or sole education provider for enrolled students, typically in groups or classes.
“Services” means the services provided to You by Us via the Platform;
“Student User” means any person who has a valid User account with Us to use the Platform for the purposes of their own education;
“Subscription” means a subscription for the Services by a Principal Family User, a Student User, a Tutor User or by any Institution;
“Subscription Fee” means the fee payable to Us for each Student User Subscription as set out on Our Website from time to time and payable in accordance with these Terms;
“Teacher User” means any teacher or other educator employed or contracted by, or agreeing to volunteer for, a School, registered with Us to use the Platform with the ability to guide, teach, support or educate Student Users to whom they are linked;
“Tutor User” means any person whose primary role is to provide a supplementary education to individual students or small groups (whether independently or through a Tuition Provider) and is registered with Us to use the Platform with the ability to guide, teach, support or educate Student Users to whom they are linked;
“Tuition Provider” means any organisation which arranges supplementary education, private tuition or similar education services by contracting, employing or otherwise dealing with clients and the tutors that provide such kinds of services.
“User” shall refer to You or any other user who has signed up to use the Platform;
“Working days” shall mean Monday to Friday excluding bank and public holidays.
1.2 Clause headings shall not affect the interpretation of these Terms.
1.3 References to clauses are to clauses of these Terms.
1.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural, shall include the singular.
1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.6 A “person” includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality).
1.7 A reference to a “party” means an original party to these Terms together with, in each case, their respective personal representatives, successors and permitted assigns.
1.8 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time provided that, as between the parties, no such amendment, extension or re-enactment made after the date of these Terms shall apply for the purposes of these Terms to the extent that it would impose any new or extended obligation, liability or restriction on, or otherwise adversely affect the rights of, any party.
- A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
- Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.11 Unless otherwise provided in these Terms all, covenants, undertakings, warranties and other obligations given or entered into by more than one party in these Terms are given or entered into severally.
- Your Obligations
2.1 By using the Platform You agree to:
2.1.1 be bound by and agree to comply with these Terms in their entirety as amended from time to time;
2.1.2 represent Yourself accurately, clearly and correctly when registering with Us for access to the Platform. You agree and confirm that You will do nothing that could be reasonably interpreted as being wrong, incorrect, fraudulent or misleading whilst using the Platform;
2.1.3 register for an appropriate User account that fairly represents Your actual status and not to attempt to register as a different type of User such that We or any other User/third party could reasonably be confused or misled as to Your actual role or status (for example, You should not register as a teacher if You are not employed by a School);
188.8.131.52 if You sign up as a Teacher User, or consent to be signed up by Us or any other party as the same, You must use Your School email address to use Our platform.
2.1.4 refrain from doing, attempting to do, assisting or allowing any third party to do any act or thing which could or is likely to cause harm to the Platform. nor shall You access, or attempt to access, any data or information whatsoever from the platform which You would not ordinarily have access to including, but not limited to:
184.108.40.206 any form of ‘hacking’, allowing a User to gain unauthorised access to any data held on the Platform, or to edit, delete, change or alter any software or code that constitutes all or any part of the Platform, or carry out any other activity which may alter, affect, disrupt, damage or disable the Platform;
220.127.116.11 introducing any malware, adware, computer viruses or unauthorised software or code of any kind whatsoever onto the Platform; and
18.104.22.168 editing any existing material, information or content or introducing, posting or displaying any new material, information or content of any kind whatsoever onto the Platform, for any purpose other than those for which the Platform is designed or intended.
2.1.5 refrain from attempting to log in or gain access to any other User’s account for any purpose whatsoever, or from interfering with any other User’s legitimate access to the Platform;
2.1.6 refrain from distributing or otherwise make available to any other third party (not registered as a user on the Platform) any educational materials and/or software from Our Platform (or permit or facilitate any other person or organisation to do so) without Our express permission in writing;
2.1.7 promptly report to Us any bugs, errors, mistakes or defects in the Platform, either by using the appropriate tools or features on the Platform, or by emailing Us at [email protected]
- Service Provision
3.1 We undertake to use Our reasonable endeavours to provide You and/or any Student Users registered by You with a non-transferable, non-refundable temporary license to access and use Our Platform, including any and all the educational content and features that We have included with the Platform and that We may amend from time to time.
3.2 We reserve the right to terminate any User’s account at any time and with immediate effect where we have reason to believe that they are in breach of any of these terms and conditions. If we exercise our right to terminate a User account, we will:
3.2.1 offer a refund for any part of a Subscription Fee unused, calculated pro-rata with deductions made for any damages (if applicable);
3.2.2 contact You if it is reasonable and practical to do so and would not harm Our interests or those of Our Users or any other third party.
3.3 We undertake to offer educational content and features on Our Platform which cover a variety of subjects. We may add, remove (in whole or in part), alter or modify the subjects We offer at any time in order to improve the service We offer at Our absolute discretion. We will provide You with a list of subjects that We offer at the time of Your registration, or those which We intend to offer within the next three (3) months at Your request which may be made at any time.
3.4 We guarantee ninety nine percent (99%) service availability for the Platform (‘Uptime’) in any given calendar month, where the Platform will be accessible from the Internet.
3.4.1 If Our Uptime drops below ninety nine percent (99%), then You will be eligible to apply to us for a twenty five percent (25%) refund of Your most recent monthly fee, or a refund calculated as twenty five percent (25%) of 1/12th of Your annual subscription fee, or twenty five percent (25%) of 1/24th of Your two (2) year Subscription fee depending on Your selected Subscription type at the beginning of the calendar month in which Uptime falls below ninety nine percent (99%);
3.4.2 If Uptime drops below ninety five percent (95%), then You will be eligible to apply to Us for a fifty percent (50%) refund of Your most recent monthly fee, or a refund calculated as fifty percent (50%) of 1/12th of Your annual Subscription fee, or fifty percent (50%) of 1/24th of Your two (2) year Subscription fee depending on Your selected Subscription type at the beginning of the calendar month in which Uptime falls below ninety five percent (95%);
3.4.3 If Uptime drops below ninety percent (90%), then You will be eligible to apply to Us for a full refund of Your most recent monthly fee, or a full refund of 1/12th of Your annual Subscription fee, or 1/24th of Your two (2) year subscription fee depending on Your selected subscription type at the beginning of the calendar month in which service availability fell below ninety percent (90%);
3.5 If You are entitled to receive a refund in accordance with Clauses 3.4.1 to 3.4.3, then You must notify Us in writing within sixty (60) days of the end of the calendar month in which You believe the Uptime did not meet its guaranteed minimum level set out in Clause 3.4 above, in which case We will either reduce Your next subscription payment provide You with a refund to the source of Your original payment to Us.
3.6 For the avoidance of doubt, You will not be eligible for any refund where Your lack of connection to the internet (whether or not this is Your fault) is the cause of You being unable to access our Platform.
- Subscription Fees
4.1 The Platform is a Subscription service. By using the Platform outside of a designated trial period, You agree to pay to Us the Subscription Fee for each Student User account You create, as specified at the time that You create each such account. All such payments shall be made in full, in advance and without any setoff or deduction (other than expressly permitted by us in accordance with our pricing, for example when we offer promotional rates) for each Student User account that You would like to create.
4.2 All other types of User account other than Student User accounts are free to create and use.
4.3 Monthly and Yearly Subscriptions are ‘rolling subscriptions’. This means that Your Subscription will automatically renew at the end of the existing billing period and We will charge You the relevant Subscription Fee due at that time unless You indicate to Us that You would like to cancel Your Subscription in accordance with the provisions of Clause 6.
4.4 We offer two (2) different types of Subscription for Parents wishing to subscribe for their Students:
4.4.1 Monthly subscriptions – The Subscription Fee will be charged when You subscribe and recur, charging You on the same day in each calendar month (or, if the Subscription is started on the last day of a month, the Subscription shall renew on the last day of subsequent each month until cancelled in accordance with these Terms). For example, if You purchase a Subscription on the 10th of January, it shall renew on the 10th day of each subsequent month until cancelled; and,
4.4.2 Annual subscriptions – The Subscription Fee will be charged when You subscribe and recur, charging You on the anniversary of the registration of the Student User for whom a Subscription has been purchased.
4.5 We may change the Subscription Fee for any type of Subscription from time to time at Our absolute discretion. Any changes to Subscription Fees will be notified to You by us by email and will apply to You no earlier than thirty (30) days following notice to You if they represent any increase.
4.6 We may, at our absolute discretion, offer or withdraw promotional rates or discounts to any User or group of Users at any time. Any discounts we offer may be single-use, end on a certain date or apply in perpetuity.
4.7 No User shall be required to pay a Subscription Fee where their use of the Platform is covered by a valid Contract for Services with a relevant organisation (e.g. a School or Tuition Provider that has a Contract for Services with Us).
- Payment Methods
5.1 You can change Your payment method by logging in to the Platform and navigating to ‘Settings’.
5.2 You can pay for Student User Subscriptions by ‘Paypal’, or by debit or credit card.
5.3 If a payment of a Subscription Fee is not successfully made due to debit or credit card expiration, insufficient funds being available or any other reason whatsoever, and You do not change Your payment method or cancel Your account with Us, We may, at Our absolute discretion, suspend or restrict access to the Platform for any Student Users whose Subscription Fees are outstanding until we have received payment of the sums due.
5.4 We process payments using a third-party payment platform. We do not store or process any debit or credit card information. We reserve the right to change the third-party payment platform at any time in order to ensure that transactions can be executed efficiently and to maintain compliance with all relevant regulations and laws.
- Trial Periods and Cooling-off Periods
6.1 We may offer a free trial period of seven (7) days from the creation of any Student User. The trial period shall end automatically whenever a subscription is purchased for a Student User.
6.2 Recurring Student User Subscriptions may be cancelled at any time up until the end of the seventh (7th) day (or any other free trial period) after creating a via the Platform and You will not be charged or held liable for any fee.
6.3 Upon the expiry of a trial period, we may restrict a Student User’s access, in whole or in part.
6.4 We may offer other free trial periods from time to time to any User or group of Users and of any length of time at our absolute discretion.
6.5 We offer a cooling-off period of fourteen (14) days for any consumer subscription after payment is made.
6.6 A Feepayer, who has set up and paid for a Student User Subscription (or multiple Student User Subscriptions), has the right to cancel their Student User Subscription(s) at any time up until the end of the fourteenth (14th) day after payment for the said Subscription and receive a refund for the unused portion of Your Subscription Period (which shall be the period following the last login of the relevant Student User).
6.7 Only the Feepayer who has set up and paid for a specific Student User Subscription will be eligible to cancel within the cooling-off period for that Student User. We will not accept requests to cancel by any other person except where the Feepayer is incapacitated.
7.1 You may cancel Your Subscription at any time by notifying Us via our Platform, using features designed and designated for this purpose. If (and only if) for any reason, these features are not functioning correctly then You should email us at [email protected] in order to notify us of Your intention to cancel.
7.2 You may cancel a Subscription for a Student User at any time, and they will continue to have access to the Platform through to the end of their paid billing period. To the extent permitted by the applicable law, all payments of Subscription Fees are non-refundable unless expressly allowed for in these Terms.
- Privacy and Data Processing
8.1 We are the data controller in respect of any Personal Data which You provide to Us in respect of the provision of the Services and/or access to and use of the Platform.
8.3.1 why We process Your Personal Data;
8.3.2 how We process Your Personal Data;
8.3.3 what Your rights are under the Applicable Law and how You may exercise those rights and notify Us of various matters; and
8.3.4 how long We will keep Your Personal Data for and when it will be deleted.
- Password and Security
9.1 When You register to create a User account, You will be asked to create a password. You must take all reasonable measures to keep this password safe, secure and confidential and must not disclose it, share it or allow or make it be known to any other person.
9.2 You will be responsible for any and all activities that occur or take place on Your account, which can only be accessed using Your password.
9.3 You can change Your password at anytime by logging into the Platform using Your account, navigating to ‘Settings’ and changing the password from the appropriate page (which may vary from time to time). You agree to do this if:
9.3.1 You suspect that Your password’s confidentiality, safety or security has been compromised at any point; or
9.3.2 if requested to do so by Us.
- Third Party Content
10.1 We may, from time to time, post or display third party information, content or material on the Platform or Our Website. You hereby agree and acknowledge that any such information, content or material is not created, checked or verified by Us and as such We take no responsibility for the accuracy, suitability, relevance or completeness of the same.
10.2 We may, from time to time, link to third party websites from the Platform or Our Website. You hereby agree and acknowledge that any such third-party websites have not been checked or verified and are not in any way recommended or endorsed by Us and as such We take no responsibility for the accuracy, suitability, relevance or completeness of the same.
- Warranties and Disclaimer
11.1 Whilst We have used reasonable care and skill in respect of the creation of the educational information, material and content available or provided on the Platform, We make no representation or warranty that the same is accurate, error free or without significant defect, or that the structure of any qualification presented by Us on the Platform is correct, adequate or appropriate for an individual Student User.
11.2 You agree and acknowledge that We are not able to provide any guarantee in respect of any academic achievements or grades attained by Student Users in any examinations or tests for qualifications where such Student Users have access to the Platform. We accept no responsibility whatsoever to You, a Student User or any other party whatsoever for Your failure to reach any academic standards or pass any examination or test.
11.3 The Platform has functionality to provide an indication of “current grade” to Student Users. This information is provided for guidance only and should in no way be considered or interpreted to be an endorsement or assessment of a Student’s ability or likelihood of examination success for various reasons including, but not limited to:
11.3.1 Students ‘cheating’ and looking up answers to questions whilst practising, with the consequence that their ‘current grade’ will not accurately reflect their actual level of understanding or chances of achieving a certain grade;
11.3.2 other individuals (including other students, parents, guardians, teachers or other staff) accessing a Student’s account and answering questions on that account, the answers to which would not reflect the Student’s own ability;
11.3.3 Students being tired, unwell or otherwise unable to fulfil their potential on the day of any given examination;
11.3.4 fluctuations in the grade boundaries in any given year that are difficult to predict;
11.3.5 changes in the style or format of examinations that might make one (1) examination more challenging than another; or
11.3.6 the sample of questions in an actual examination not being exactly representative of the questions practised.
- Changes to these Terms
12.1 We reserve the right, from time to time, with or without notice to You, to change, alter or amend these Terms at our sole discretion. We will endeavour to notify You of any change, alteration or amendment to these Terms and You should read them thoroughly. The amended Terms shall be in full force and effect and binding upon You regardless of whether You read them or not.
12.2 The Terms applicable to Your use of the Service and access to the Platform will be the version that is current and displayed on Our Website as at each date You access Our Website (or any other website operated by Us).
12.3 If You continue to use the Service, visit Our Website and/or access or make use of the Platform after changes are made to these Terms, then You agree to be bound by such changes. If You do not wish to accept the new Terms, You should not continue to use Our Service, visit Our Website and/or make us of the Platform.
- Intellectual Property
13.1 All intellectual property (including but not limited to the software code, educational content, questions, answers and explanations, graphics, texts and other videos) remains the property of Get My Grades Ltd. (or its attributed owner, if different).
13.2 We allow Users to make use of our Platform for the period for which they have a valid subscription or free trial. Nothing in these Terms shall be interpreted as a transfer of ownership of any intellectual property from Us or any other third party to any User. All licenses granted to Users to access and make use of Our Platform are temporary and non-transferable.
14.1 A waiver of any right under these Terms shall only be effective if in writing. No failure or delay by either party in exercising any right or remedy under these Terms or by law, shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
14.2 Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.
15.1 If any provision of these Terms (or any part of any provision) is found by any Court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of these Terms, and the validity and enforceability of the other provisions of these Terms shall not be affected.
15.2 If any provision of these Terms (whether part or whole) is found to be invalid, illegal or unenforceable, then that provision (or part of it) shall apply with the minimum modification necessary to make it valid, legal and enforceable.
- Entire agreement
16.1 These Terms constitute the entire agreement between the parties hereto in respect of the provision of Our Services, Our Website and the Platform, and it supersedes any and all previous agreements between the parties in respect of its subject matter.
16.2 You hereby agree and acknowledge that, by entering into these Terms, You have not relied on and shall have no right or remedy whatsoever in respect of, any statement, representation, assurance or warranty (whether made negligently or otherwise) other than as expressly provided in these Terms.
17.1 We may at any time and without notice to You, assign, transfer, subcontract, deal with or otherwise delegate any of Our rights and/or obligations under these Terms.
- Third parties
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any remedy or right of any third party which exists or is available apart from that Act.
- Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.