SATs2019.uk Terms and Conditions

Introduction

1.1 These terms and conditions shall govern the sale and supply of online tests and downloadable practice papers through our website, and the use of those online tests and downloadable practice papers.

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.

Interpretation

2.1 In these terms and conditions:

(a) “we” means Togethernet Ltd (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);

(c) “downloadable practice papers” means those downloadable practice papers that are available by subscription or for purchase on our website;

(d) “online tests” means those online tests that are available by subscription or for purchase on our website; and

(e) “test practice papers” means those downloadable practice papers defined in 2.1(c) and 2.1(d); and

(f) “your test practice papers” means any such test practice papers that you have purchased through our website or that you have access to by way of subscription (including any enhanced or upgraded version of the test practice papers that we may make available to you from time to time).

Order process

3.1 The advertising of test practice papers and subscriptions 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 in accordance with the procedure set out in this Section 3.

3.3 To enter into a contract through our website to purchase test practice papers from us, the following steps must be taken: you must apply online using the application form we provide; you must consent to the terms of this document and the disclaimer below; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will either send you an order confirmation (at which point your order will become a binding contract) or 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, by clicking on the field you wish to correct and entering the correct information.

Prices

4.1 Our prices are quoted on our website.

4.2 We will from time to time change the prices quoted on our website. If we change our prices after you have subscribed, we will notify you in advance by email and you will have the option to cancel your subscription before any higher price comes into effect.

4.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT, where VAT is applicable.

Payments

5.1 You must, during the checkout process, agree to pay the prices of the subscription or test practice papers you order.

5.2 Payments may be made by Direct Debit and any of the permitted methods specified on our website from time to time.

5.3 If you pay by Direct Debit you must keep your Direct Debit mandate active while you wish to use our website. Cancellation of your Direct Debit mandate will indicate that you wish to cancel your subscription with immediate effect and your account may be closed forthwith.

Licensing of test practice papers

6.1 We will supply your test practice papers to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website. You must have an active subscription to access the test practice papers on our website.

6.2 If you have registered as a Parent, then, subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-exclusive, non-transferable licence to make any use of your test practice papers permitted by Section 6.4, providing that you must not in any circumstances make any use of your test practice papers that is prohibited by Section 6.6.

6.3 If you have registered as a Tutor or as a School, then, subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-exclusive, non-transferable licence to make any use of your test practice papers permitted by Section 6.5, providing that you must not in any circumstances make any use of your test practice papers that is prohibited by Section 6.6.

6.4 Parents Licence

The Parents Licence grants the following “permitted uses” of your test practice papers:

(a) downloading a copy of each of your downloadable practice papers;

(b) completing your online tests on-screen on any number of desktop, laptop or notebook computers, smartphones, tablet computers or similar mobile devices that you own for use in your household;

(c) making, storing and viewing copies of your test practice papers on any number of notebook, smartphones, tablet computers or similar mobile devices that you own for use in your household; and

(d) printing as many copies as you wish of each of your downloadable practice papers solely for your own use, including for use by your own children and those for whom you have parental responsibility.

6.5 Tutors and Teachers Licence

The Tutors and Teachers Licence grants the following “permitted uses” of your test practice papers:

(a) downloading a copy of each of your downloadable practice papers;

(b) completion of your online tests on-screen by any number of students that you personally teach or tutor or who attend the school where you work;

(c) making, storing and viewing copies of your downloadable practice papers on any number of notebook, smartphones, tablet computers or similar mobile devices owned and operated by the school where you work or that you personally own;

(d) printing sufficient copies of each of your downloadable practice papers to allow the students that you teach to complete the practice papers.

6.6 The “prohibited uses” of your test practice papers are:

(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any test practice paper (or part thereof) in any format. (In particular, teachers please note that distribution includes distributing downloadable practice papers for children to complete at home and is therefore prohibited);

(b) the editing, modification, adaptation or alteration of any test practice paper (or part thereof), and the creation of any derivative work;

(c) the use of any test practice paper (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) the use of any test practice paper (or part thereof) to compete with us, whether directly or indirectly;

(e) any commercial use of any test practice paper (or part thereof) other than in the normal course of your teaching; and

(f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any test practice paper for the purpose of preventing unauthorised use.

6.7 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 test practice papers.

6.8 All intellectual property rights and other rights in the test practice papers not expressly granted by these terms and conditions are hereby reserved.

6.9 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any test practice paper.

6.10 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.

6.11 You agree to keep your login credentials safe and secure. You must not share your login credentials online on forums, bulletin boards, social media or otherwise.

6.12 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 and your account on this website may be closed. In these circumstances no refunds or partial refunds will be made.

6.13 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant test practice papers in your possession or control and by cancelling your account on this website.

6.14 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 test practice papers in your possession or control, and permanently destroy any other copies of the relevant test practice papers in your possession or control.

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 test practice papers before the expiry of the period referred to in Section 7.2, and you acknowledge that, if we do begin the provision of test practice papers 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 cancellation form that we will make available to you. 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.

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 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

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 your test practice papers will be supplied to you with reasonable care and skill.

8.3 All of our warranties and representations relating to test practice papers 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.

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 tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

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.

9.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

9.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, 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) £5; and

(b) the total amount paid and payable to us within the last 12 months of the contract.

9.9 Every effort is made to keep the website up and running smoothly. However you acknowledge that the website may be temporarily unavailable due to technical issues, or while the site is undergoing scheduled maintenance.

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.

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.

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.

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 breach of that provision or any other provision of that contract.

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.

Third party rights

14.1 A contract under these terms and conditions is for our benefit and your benefit, and 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.

Entire agreement

15.1 Subject to Section 9.1, these terms and conditions together with our privacy policy, our cookie policy and our test practice paper download disclaimer shall constitute the entire agreement between you and us in relation to the sale and purchase of our subscriptions and the sale, purchase and use of our test practice papers, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our subscriptions and the sale, purchase and use of our test practice papers.

Law and jurisdiction

16.1 These terms and conditions shall be governed by and construed in accordance with English law.

16.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

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 and, 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.

Our details

18.1 This website is owned and operated by Togethernet Ltd.

18.2 We are registered in England and Wales under registration number 7897299, and our registered office is at 32 Mulberry Way, Armthorpe, Doncaster, England, DN3 3UE.

18.3 Our principal place of business is at 128 Munster Road TW11 9LW.

18.4 You can contact us by writing to the address given in section 18.3, or by using our website contact form.

Sats2019.uk test practice paper disclaimer

(1) Introduction

This disclaimer governs the use of our test practice papers including the online tests, online quizzes and the papers provided via this website for download. By using our test practice papers, you accept this disclaimer in full.

(2) No advice

The test practice papers contain information about SATs key stage 2 tests. The information is not advice, and should not be treated as such.

You must not rely on the information in the test practice papers as an alternative to advice from an appropriately qualified teaching professional. If you have any specific questions about any matter related to SATs you should consult an appropriately qualified teaching professional.

(3) No representations or warranties

To the maximum extent permitted by applicable law and subject to section 5 below, we exclude all representations, warranties, undertakings and guarantees relating to the test practice papers.

Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:

that the information in the test practice papers is correct, accurate, complete or non-misleading;

that the use of the guidance in the test practice papers will lead to any particular outcome or result; or

in particular, that by using the guidance in the test practice papers you or your child will achieve better results in any test.

(4) Limitations and exclusions of liability

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 5 below; and govern all liabilities arising under the disclaimer or in relation to the test practice papers, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

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

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.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(5) Exceptions

Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

(6) Severability

If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.

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

(7) Law and jurisdiction

This disclaimer will be governed by and construed in accordance with English law, and any disputes relating to this disclaimer will be subject to the exclusive jurisdiction of the courts of England and Wales.

(8) Our details

In this disclaimer, “we” means (and “us” and “our” refer to) Togethernet Ltd., a company registered in England and Wales under registration number 7897299.

(9) Credit

This disclaimer was created using an SEQ Legal template.