Terms & Conditions

THESE TERMS APPLY TO ALL USERS OF THE MATHSISBEAUTIFUL SITE.

PLEASE READ THESE TERMS CAREFULLY. By using the Mathsisbeautiful site you acknowledge that you have read, understood and agree to be bound by these terms and conditions. We may update these terms and conditions at any time, and you will be bound by any new terms and conditions when you visit the Mathsisbeautiful site. If you do not agree to these site terms (including any amendments) you must not use this site.

In these Terms, unless the context requires otherwise, the following expressions have the following meanings:

• “Authorised User”: all Licensees who are granted access to the Mathsisbeautiful site by Licensor;
• “Commencement Date”: the date the Licensee is given access to the Mathsisbeautiful site and the Subscription Period begins;
• “Mathsisbeautiful site”: the website at the URL https://mathsisbeautiful.co.uk;
• “Licence Fee”: the fees payable by the Licensee for access to the Mathsisbeautiful site and the Licensed Material;
• “Licensed Material”: the material available for access on the Mathsisbeautiful site together with any additional material that the Licensor makes available to the Licensee in connection with the Mathsisbeautiful site;
• “Licensee”: the school/establishment or individual that accesses the Licensed Material via the Mathsisbeautiful site in return for payment of the Licence Fee;
• “Licensor”: S.S.T.I.P Limited trading as Mathsisbeautiful;
• “Subscription Period”: the subscription period for which the Licensee has purchased a licence to access the Licensed Material and will be for 12 months.

In consideration of the payment of the Licence Fee by the Licensee, and subject to the Licensee observing its obligations under these Terms, the Licensor grants to the Licensee during the Subscription Period the non-exclusive rights (the “Rights”) to access at any time the Mathsisbeautiful site for the purpose of accessing the Licensed Material.  The title to, and ownership of, all copyright material used in or on the Mathsisbeautiful is not transferred to the Licensee and remains vested in the Licensor, subject to the Rights granted (mentioned above). The Licensee acknowledges that any rights not expressly granted to Licensee under these Terms are reserved to the Licensor.

The Licensee is responsible for the provision of and payment for the computer hardware and software equipment and telecommunication services necessary for access to the Mathsisbeautiful site and the Licensed Material. The Licensor will not issue refunds against charges incurred by the Licensee in relation to such telecommunication services or those incurred contacting the Licensor. The Licensee accepts that the Licensor has no control over such hardware, software and telecommunication services and that the Licensor shall have no liability to the Licensee for the acts or omissions or faults for failures of their equipment. The Licensor is not responsible for any technical support requirements arising from the Licensee’s use of any hardware, software and telecommunications services used to access the Mathsisbeautiful site and the Licensed materials.

The Licensee shall use its best efforts to safeguard the intellectual property and proprietary rights of the Licensor.

Except as expressly permitted, as mentioned above, the Licensee warrants that it will not, nor will it license or permit others to, directly or indirectly, without the Licensor’s prior written consent:

• sell, distribute, license or otherwise exploit the Licensed Material, any element of it for any commercial purpose;
• make the Licensed Material, any element of it, or weblinks created by the URL Generator, available by any means to persons other than Authorised Users;
• remove or obscure the Licensor’s copyright notice from the Licensed Material;
• use the Licensed Material, or weblinks created by the URL Generator, to create any derivative work, product or service;
• undertake any activity which may have a damaging effect on the Licensor’s ability to achieve revenue through selling and marketing the Licensed Material;
• or otherwise use the Licensed Material supplied in accordance with these Terms in a manner that would infringe the copyright or other proprietary rights contained within it.

These Terms shall apply for the duration of the Subscription Period, and any renewals thereof. The Subscription Period may be renewed on an on-going basis, subject to payment of the applicable Licence Fee, as mentioned here. The Licensee agrees to pay to the Licensor the Licence Fee for a Subscription Period on receipt of invoice. The commencement Date for that Subscription Period will begin on date of payment. Note that the subscription period for the PILOT programme is 3 months from the start date of the programme as agreed by the Licensor.

The Licensor may suspend access to and/or terminate the Mathsisbeautiful site and/or provision of the Licensed Material to the Licensee with immediate effect on written notice without liability or the obligation to reimburse any Licence Fee if the Licensor believes that Licensee is responsible for the Mathsisbeautiful site being accessed or the Licensed Material being used in a manner that contravenes these Terms. Whilst the PILOT programme is being undertaken, the Licensee is bound to completing the piloting period.

On expiry of the piloting period (which is not renewed), the Licensee access will cease to the licensed materials.

While the Licensor makes every effort to ensure that information on its websites is accurate, this cannot be guaranteed. Prices displayed and availability in respect of Licence Fee and the Licensed Materials on the Mathsisbeautiful site may change without prior notice.

The Licensee shall inform Authorised Users of the permitted use restrictions and other provisions set out in these Terms and shall ensure that all Authorised Users comply with these Terms.

The Licensee will notify the Licensor immediately of any infringement of these Terms that come to the Licensee’s notice and the Licensee agrees to cooperate with the Licensor as appropriate to stop further infringement should it occur.

Licensee shall be liable for any breach of these Terms by any Authorised User. Licensee undertakes to ensure that any breach of these Terms by an Authorised User is not allowed to continue after Licensee has received notice of such breach, whether from the Licensor or otherwise.

The Licensor shall be entitled to monitor the use of the Licensed Material through the Licensor’s servers so as to monitor compliance with these Terms.

The Licensee shall be responsible for administering the registration of Authorised Users and of removing permissions for any individuals who are no longer Authorised Users including in the event that such individuals cease to be members of staff or employees of the Licensee. The Licensee shall take such steps to ensure that their contact details are kept up to date.

The Licensee shall be responsible for ensuring that Authorised Users do not share passwords and keep these securely.

The Licensor warrants to the Licensee that it has full rights and authority to grant the Rights to the Licensee and that the use by the Licensee of the Licensed Material in accordance with these Terms will not infringe the rights of any third party.

The Licensee acknowledges and agrees that the Licensed Material is provided for information purposes only and Licensee relies on the Licensed Material at its own risk. The Licensor makes no warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, quality, accuracy or fitness for a particular purpose in respect of the Licensed Material or any information or advice given by any representative of the Licensor. Except as otherwise mentioned above, all conditions, warranties, terms, representations, and undertakings express or implied, statutory or otherwise in respect of the Licensed Material are to the fullest extent permitted by law expressly excluded.

The Licensee acknowledges that the content of the Licensed Material is subject to change without notice.

The Licensor undertakes to store all email addresses, passwords, with the Licensee’s account for the Subscription Period (unless requested by the Licensee to delete it earlier), and, thereafter, until requested by the Licensee to delete such data.  Please contact us by email at: info@mathsisbeautiful.co.uk, if you require any data uploaded to the Mathsisbeautiful site to be deleted.

The Licensor’s failure to perform any term or condition of these Terms as a result of conditions beyond its control such as, but not limited to, war, strikes, floods, governmental restrictions, power failures, or damage or destruction of any network facilities or services, shall not be deemed a breach of these Terms.

Neither party excludes or limits liability to the other party for death or personal injury caused by its own negligence, fraudulent misrepresentation or any other liability the exclusion or limitation of which is expressly prohibited by law. In no event shall the Licensor be liable to the Licensee for consequential loss or damage.

The liability of the Licensor to the Licensee in respect of any and all claims (whether in contract or in tort) arising out of or in connection with the Mathsisbeautiful site or the Licensed Material is (to the extent permitted by law) limited in respect of each event or series of connected events to an amount equal to the Licence Fee payable by the Licensee in the twelve-month period immediately preceding the events giving rise to the claim.

The Licensor shall not be liable for any claim arising from:

• omissions or inaccuracies in the Licensed Material regardless of how caused;
• any failure or malfunction resulting wholly or to any material extent from the Licensee’s negligence, operator error, use other than in accordance with these Terms or any user documentation provided by the Licensor from time to time, or any other misuse or abuse of the Licensed Product;
• the Licensee being unable to exercise the rights due to the Licensed Material being unavailable as a result of any act or omission of the Licensor provided that the period for which the Licensed Material is not available shall not exceed a period of 7 working days.

Both parties shall comply with the provisions of any applicable data protection law, including

• unless and until the General Data Protection Regulation (EU) 2016/679 (“GDPR”) is no longer directly applicable in the UK, the GDPR and the legislation in the United Kingdom designed to implement the GDPR and/or provide for the protection of personal data (as such legislation is amended or replaced from time to time) including the Data Protection Act 2018 (DPA 2018) and
• any successor legislation to the GDPR or the DPA 2018 (collectively, the “Data Protection Legislation”), “Personal data”, “Data Subject”, “Data Controller” and “Data Processor” shall have the same meaning as under the Data Protection Legislation.

The Licensee will ensure that it has all necessary appropriate consents and notices in place to enable the lawful transfer and processing of Personal Data to the Licensor for the duration of the Subscription Period for the purpose of Licensee’s access to the Mathsisbeautiful site and Licensed Material.

Both parties  shall obtain and maintain throughout the Subscription Period all necessary registrations and notifications that such party is obliged to obtain and maintain in accordance with the Data Protection Legislation in respect of providing or using the Mathsisbeautiful site.

In providing the Mathsisbeautiful site, the Licensor may process Personal Data on the Licensee’s behalf. The Data Protection Schedule in the Appendix below, to these Terms sets out: a record of the subject matter, nature and purpose of such processing by the Licensor; the duration of the processing; the types of Personal Data; and categories of Data Subject which are mentioned above. The parties acknowledge that for the purposes of the Data Protection Legislation, the Licensee is the ‘Data Controller’ and the Licensor is the ‘Data Processor’ (each as defined in the GDPR) in respect of such Personal Data.

When processing Personal Data as a data processor on behalf of the Licensee, Licensor shall in relation to any Personal Data processed in connection with the performance of its obligations under these Terms:

• process all such Personal Data only in accordance with the written instructions given by the Licensee from time to time unless the Licensor is required by any applicable laws to process the Personal Data;
• ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the  state of technological development  and the cost of  implementing any measures;
• not transfer any such Personal Data to any country outside the European Economic Area without the prior written consent of the Licensee;
• assist the Licensee, at the Licensee’s request, in responding to any request from a data subject in respect of their rights under Data Protection Legislation;
• not use any such Personal Data for any purpose that is not authorised under these Terms;
• assist the Licensee in ensuring and demonstrating compliance under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
• notify the Licensee without undue delay on becoming aware of a Personal Data breach;
• at the written direction of the Licensee, delete Personal Data and copies thereof to the Licensee and shall procure that any sub-processor shall do the same, unless required by any applicable laws to store the Personal Data. Please contact us if you require any Personal Data uploaded to the Mathsisbeautiful site to be deleted;
• maintain complete and accurate records and information to demonstrate its compliance with Data Protection Legislation.

The Licensor may process Personal Data obtained direct from Authorised Users as a Data Controller:

• where such processing is necessary for its legitimate business interests as a supplier of digital platforms  where such legitimate interests do not endanger the rights and freedoms of Data Subjects  as  described in the Licensor’s  Privacy Notice made available to the Authorised User at the time of collection of such Personal Data;
• where such processing is necessary for the performance of a contract with the Authorised User;
• or where the Authorised User has provided his/her consent to such processing.

The Licensee confirms that it has read the Licensor’s Privacy Notice and Cookie Policy which are available on the Mathsisbeautiful site:  mathsisbeautiful.co.uk

In the event that any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be contrary to law, the remaining provisions of these Terms will remain in full force and effect.

No provision of these Terms or breach thereof may be waived except in a writing signed by the party against whom the waiver is sought to be enforced.

The Licensor may update these Terms from time to time at its discretion.

Nothing contained in these Terms shall constitute or shall be construed as constituting a partnership, joint venture, or contract of employment between the parties.

These Terms are governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

Appendix

Data Protection Schedule