The Arty Teacher Terms and Conditions

Below you will find our terms and conditions. If you have any questions or concerns then please email us at: info@theartyteacher.com

User terms

Please read this agreement carefully as it governs your use of www.TheArtyTeacher.com. By continuing to use this site you are agreeing to the terms that appear below. Some of the services on the sites are free to access and others are only available on a paid for basis. If you are under 18, you should ask your parents to check these terms. If you have any questions, please email: info@theartyteacher.com

These terms were last updated on February 2018

General terms

1. Provision of service

This site is owned by The Arty Teacher Ltd. If you are buying a subscription paid for by your school, you are agreeing these terms on behalf of your school.

2. Limited rights to use content

a) All material displayed on this site (‘content’) belongs to The Arty Teacher Ltd. You may retrieve and display the content on a computer screen, print individual pages on paper and store such pages in electronic form on disk (but not on any server or other storage device connected to an external network) for your own personal, educational, non-commercial purposes.

b) Most of the content on the sites is owned by The Arty Teacher Ltd but certain content is used under licence from third parties (‘third party content’) and 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 must comply with such restrictions. Every effort has been made to trace all the copyright holders, but if any have been inadvertently overlooked, The Arty Teacher Ltd will be pleased to make the necessary acknowledgements at the first opportunity.

c) You may not (without prior written permission from The Arty Teacher Ltd):

  • redistribute any of the content or supply it to other people (including by using it as part of any library, archive, intranet or similar service);
  • remove the copyright or trade mark notice from any copies of content made under this agreement;
  • create a database in electronic or structured manual form by systematically downloading and storing all or any of the content;
  • except as expressly set out above, modify, reproduce or in any way commercially exploit any
    of the content.

3. Limited warranties

The Arty Teacher Ltd will use its reasonable skill and care in making the site available to you and in ensuring its continuing availability. However, because of the nature of the internet, The Arty Teacher Ltd does not give you any other warranties. In particular, you should not take the accuracy or availability of the information for granted and The Arty Teacher Ltd makes no warranty that the sites are free from infection by viruses or anything else that has contaminating or destructive properties.

4. Limitation of liability

a) In respect of the content which is available free on the site, The Arty Teacher Ltd will use its reasonable endeavours to resolve faults but because this content is free you agree that The Arty Teacher Ltd will not be liable for any losses you may incur as a result of your use or non-use of that content. With regard to the subscription services, you agree that your exclusive remedy (in respect of any claim for breach of contract, negligence or otherwise) shall be limited to The Arty Teacher Ltd taking reasonable steps to correct the relevant subscription service or, at your option, a refund of the amount you have paid to The Arty Teacher Ltd to receive the relevant subscription service less any reasonable allowance for your receipt of the functioning service or value of resources.

b) The Arty Teacher Ltd does not accept any liability for any loss of profits, loss of business or business opportunity, loss of goodwill or reputation, business interruption, loss or corruption of data or programs or any type of indirect or consequential loss whatsoever arising from your access to and use of the sites and/or of any purchase of the subscription services nor for its being unable to fulfil any particular order due to the non-availability of the subscription services.

c) In no event will The Arty Teacher Ltd be liable for any losses or damages whatsoever arising out of, or in connection with, any unauthorised use of the sites and/or of any material published on them and/or of any services.

d) No assurances are given that the pages of the sites are free from infection from computer viruses, although The Arty Teacher Ltd takes all reasonable steps to prevent such infection.

5. Changes

a) The Arty Teacher Ltd is continually seeking to improve the site and services offered, and reserves the right, at its discretion, to make changes to any part of the sites. In respect of any subscription services, we will ensure that any changes do not materially decrease the functionality of those services.

b) In respect of non-subscription services, The Arty Teacher Ltd may change or add to this agreement as a result of its policy of updating and improving the sites or for security, legal or regulatory reasons. The Arty Teacher Ltd will give you notice of any changes or additions. If you do not agree to be bound by those changes, you should not use the site any further after receiving notice. Such changes will not affect any contract that relates to ongoing subscription services that you have with The Arty Teacher Ltd at the time of the changes.

6. Links

a) The sites contain links to other websites and resources (either directly or through frames) and, where possible, The Arty Teacher Ltd will make clear where such links are being made. Independent third parties provide these sites and The Arty Teacher Ltd is not responsible and shall not be liable for the availability or content of these outside resources.

7. General

a) In respect of the free parts of the sites, there is no specific time limit applying to your access and use. However, The Arty Teacher Ltd reserves the right to suspend or terminate your access and use of the free parts of the sites at any time. It may exercise the right with or without notice.

b) You may not assign, sub-licence or otherwise transfer this agreement or your rights of access to the sites.

c) Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

d) A person who is not party to this agreement shall have no right under the contracts (Rights of third parties) act 1999 to enforce any of its terms.

e) English law will apply to this agreement and both you and The Arty Teacher Ltd agree to submit to the non-exclusive jurisdiction of the English courts.

Subscription services

The Arty Teacher Ltd offers some services for which it charges a fee (‘subscription services’). Details of what is included in those services (and the fee payable) are described in the relevant area of the site. Clause 8 of the terms below sets out provisions which are specific to certain subscription services. The general terms also applies to subscription services and includes certain exclusions and limitations on The Arty Teacher Ltd and your liabilities under this agreement. If you have any questions, please email info@theartyteacher.com.

8. The terms: provision of all paid-for subscription services

a) You must provide The Arty Teacher Ltd with accurate and complete registration information, including payment by paypal and possibly in the future valid credit card details. On registration, you will choose a username and password (‘ID’). It is your responsibility to update The Arty Teacher Ltd of any changes to that information (including your email address) by emailing info@theartyteacher.com. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify The Arty Teacher Ltd immediately by emailing info@theartyteacher.com. The Arty Teacher Ltd will try to process your subscription promptly but does not guarantee that any subscription service will be available to you by any specified time.

b) Each subscription for any subscription service is solely for use by you. The Arty Teacher Ltd reserves the right to monitor usage of the subscription services using your ID. In the event that unauthorised users are accessing any subscription service using your ID then, without prejudice to its other rights and remedies, The Arty Teacher Ltd reserves the right to charge you an amount equal to the charges which would have been payable had each unauthorised user subscribed for the subscription services themselves.

c) If The Arty Teacher Ltd reasonably believes that your ID is being used in any way which is not permitted by this agreement, The Arty Teacher Ltd reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved. The Arty Teacher Ltd may terminate this agreement by giving notice to you if you are in
breach of this agreement and in such case, The Arty Teacher Ltd is not obliged to refund you any fees. The Arty Teacher Ltd may terminate this agreement if it discontinues a subscription service, in which case it will give you reasonable notice and you are entitled to a refund of that part of any fee which relates to the unexpired period of the relevant service.

9.  Online order process and formation of contract

a) The contract between The Arty Teacher Ltd and you is made under the following technical steps:

  • You must register or must already have registered on the site and have provided all required detail. Your detail will be treated by The Arty Teacher Ltd in accordance with the privacy policy.
  • You place your order for a subscription service with The Arty Teacher Ltd through the subscription page.
  • You can identify and correct any errors in your information before you confirm your order for any subscription service.
  • You will pay through paypal or possible in the future give your payment details and The Arty Teacher Ltd (or an agent on our behalf) will process the payment during the course of your order.
  • If your payment is successful, The Arty Teacher Ltd will accept and complete your order by sending you an order confirmation to the email address given by you. At this point there will be a binding contract between The Arty Teacher Ltd and you.
  • The Arty Teacher Ltd will not keep a copy of the contract. It is recommended that you print off and keep a copy of the contract terms for your records.
  • English is the only language offered for the conclusion of the contract.

10. Cooling off period

a) Subject to clauses 8 and 9, where you are purchasing a subscription service as a consumer and not a business, you have the right to cancel a subscription service at any time during the period of 14 working days commencing on the day after the date of creation of a binding contract between you and The Arty Teacher Ltd in accordance with clause 10 (‘the cooling off period’) and receive a full refund minus the value of the resources you have downloaded. After this period has expired, you may only cancel the subscription service and receive a refund prior to the use by you of your log-in and password details (‘the start date’).

b) If the start date of a subscription service takes place during the cooling off period, you hereby agree and consent to the service commencing prior to the expiry of the cooling off period. Your right to cancel and receive a refund will terminate on commencement of the subscription services on the start date.

  • You may cancel the subscription service after the start date but you will not be entitled to a refund.
  • All subscription service cancellations must be made in writing directly via the site.
  • Once a ‘pay-per- download’ resource has been purchased you have the right to cancel within
    a period of 14 working days provided that none of the associated resource files have been opened.  Please note that we are unable to accept cancellation of a purchased resource once it has been accessed.