Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the KS2Gems website (“The Website”). Digital Content refers to data which is produced and supplied in digital form.
Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
About us
The website is run by KS2Gems, part of a private registered company in England & Wales under company number 09953485. References to “we”, “Our” and “us” are references to Pillar Advisers Limited.
Changes to Terms
The Terms & Conditions may be updated by us from time to time. We will post any changes that we make on this page and will indicate at the top of the page the date that the relevant terms were last revised.
Your continued use of our website and/or Services after any such changes have been made, constitutes your acceptance of the new Terms and/or Additional Terms. If you do not agree to these changes, please do not use or access (or continue to use or access) our website and/or Services.
Registration
1. Registration by you and your online KS2Gems account:
1.1 Certain aspects of the Services may require you to register and provide information about yourself. You agree to:
(a) provide accurate and complete information about yourself as prompted by the relevant registration form and
(b) maintain and promptly update this information (by updating your account on the website or emailing us (using the Contact Us facility)) to keep it true, accurate, current and complete. We may terminate your account if any information you provide is inaccurate, false, or incomplete.
1.2 The registration processes on our website will involve you creating a password enabling you to access your account for personal use only. By registering you are agreeing that you will not share or transfer your username and password in any way. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately change your password if your account has been compromised in any way and/ or any other breach of security, and
(b) ensure that you log out of your account at the end of each session to prevent unauthorised access.
We will not be liable for any loss or damage arising from your failure to comply with these obligations.
1.3 All member accounts are subject to an acceptable use policy, and user accounts are monitored. KS2Gems considers that no user would reasonably need to download more than 100 files per calendar month. Member accounts exceeding this download level are subject to review.
1.4 You are over 18 or if under 18 you have a parent or guardian’s permission to register.
1.5 We reserve the right to de-activate accounts that are inactive for an extended period of time.
2. Eligibility
2.1. To use the Digital Content accessed on this website and lawfully enter into the agreement with us, you must:
2.2 Be 18 years old or older.
2.3 In case of being under 18, you must use this website only in conjunction with, and under the supervision or a parent/guardian.
2.4 Have an ability to legally be bound under these Terms and Conditions.
3. Communications
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our website.
4. Licence
4.1. We grant you a non-transferable, non-exclusive licence to use the Digital Content in accordance with the terms set out in these Terms and the rules, policies, and terms listed on our Website (the “Licence”). By starting to download or otherwise access (“access”) the Digital Content, you agree to comply with all the terms of the Licence and you must not access the Digital Content if you do not agree to comply with them.
4.2. We reserve all rights other than those granted in clause 4.1.
4.3. You acknowledge that you have no right to access the source code of any Digital Content supplied to you.
4.4. You acknowledge and accept that Digital Content may be made available to you with accompanying security technologies including technical protection measures which are supplied as an inseparable part of the Digital Content.
5. Payments
5.1 The Service provided is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on an annual basis.
5.2 At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or KS2Gems cancels it. You may cancel your Subscription renewal prior to your renewal date by contacting us using the Contact Us facility. If your Subscription renews automatically, at the end of your first minimum term ,we will charge you the annual fee applicable at that time..
5.3 By submitting payment information, you automatically authorise KS2Gems to charge all Subscription fees incurred through your account to any such payment instruments.
5.4 Payment can be made by Visa, MasterCard, American Express as explained on the membership form. By accepting these Terms you:
5.4.1. Undertake that all the details you provide to us for the purpose of using the Digital Content are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Digital Content ordered.
5.4.2. Undertake that any and all Digital Content ordered by you are for your personal and/or teaching your class use only and not for resale or sub-licensing.
5.4.3. Due to the digital nature of our subscriptions, you understand and agree that we are unable to offer refunds under any circumstance.
5.4.4. Subscriptions types cannot be altered, switched or changed partway through your contract under any circumstance.
5.4.5. Payment transactions are processed via Stripe or other secure third party payment providers and you are encouraged to read the terms and conditions for any financial transactions with these companies. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
5.5 Should automatic billing fail to occur for any reason, KS2Gems will issue an electronic invoice indicating that you must proceed manually, within a specific deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
6. Fee Changes
6.1 KS2Gems, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
6.2 KS2Gems will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
6.3 Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
7.Intellectual Property
7.1. The content of the Website is protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to KS2Gems moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
7.2. You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
7.3. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
7.4. You may retrieve and display the content of the Website on a computer screen (including interactive white boards, projectors and similar devices), store such content in electronic form on disk (but not any server or other storage device connected to a network) or print multiple copies of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
7.5. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
7.6. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
7.7. No license is granted to you to use any of our trademarks or those of our affiliated companies.
8. Disclaimer
8.1. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
8.2. We will not be liable to you if the Website is unavailable at any time.
8.3. We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable efforts to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
8.4. All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
8.5. Any prices and offers are only valid at the time they are published on the Website.
8.6. All prices and descriptions supersede all previous publications.
8.7. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
8.8. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
8.9. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
8.10. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
8.11. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
8.12. We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
9. Content
9.1. You grant to KS2Gems the right to use your photographs(s), upload, video, comment, testimonial, likeness and other submissions in addition to those you have tagged with @KS2Gems or a KS2Gems hashtag (‘Your Post’) in perpetuity and for any brand marketing, advertising and promotional purposes, including but not limited to on the website, in social media, on third-party websites featuring KS2Gems such websites may include, but are not limited to, message boards, blogs, social networks, and comment boards), print materials, in-store or digital advertising.
9.2. KS2Gems may use, reproduce, distribute, combine your Post with other materials, alter and/or edit it in any manner in its sole discretion. You hereby represent and warrant that:
(i) You own all rights in and to your posts,
(ii) You have permission from any person(s) appearing in your Post to grant the rights herein,
(iii) You are not a minor,
(iv) KS2Gems use of your Post will not violate the rights of any third party or any law and,
(v) If your Post contains a testimonial you further agree that it is a true and accurate expression of your honest belief based on use of KS2Gems products.
9.3. You hereby release, discharge and agree to hold KS2Gems and any person acting on KS2Gems behalf harmless from any liability related in any way with the use of your post stated in 10.1 and 10.2.
9.4. If you find an issue with any of the resources on the Website, please let us know by sending an email using the Contact Us facility so we can resolve it.
9.5. If you have a comment, concern or complaint about any Digital Content you have purchased from us, please contact us via email using the Contact Us facility..
9.6. KS2Gems will always correct content where mistakes are found, but we do not guarantee the accuracy of any content provided, and it is for you to verify and be satisfied with the material you download. KS2Gems provides an information service and you accept that we take no responsibility for the way you use the information you download.
10. External links to websites or resources
10.1. The Service may provide, or third parties may provide, links to other websites or resources. As KS2Gems has no control over these sites and resources, you acknowledge and agree that KS2Gems is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
10.2. You acknowledge and agree that KS2Gems shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resources.
11. Disclaimer
11.1. The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
11.2. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.
11.3. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period. Please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.
12. Use of the Website
12.1. You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.
12.2. We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
12.3. We reserve the right to:
12.3.1 Make changes to the information displayed in this Website at any time and without notice to you.
12.3.2. Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any Third party.
12.3.3. Refuse to post material on the Website or to remove material already posted on the Website.
12.4 You may not use the Website for any of the following purposes:
12.4.1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
12.4.2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise.
12.4.3. Breaching any applicable law, national or international laws, regulations or code of practice.
12.4.4. Gaining unauthorised access to other computer systems.
12.4.5. Interfering with any other person’s use or enjoyment of the Website.
12.4.6. Breaching any laws concerning the use of public telecommunications networks.
12.4.7 Interfering with, disrupting or damaging networks or websites connected to the Website.
12.4.8 Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website.
12.4.9. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.
12.4.10. To create and/or publish your own database that features all or substantial parts of the Website.
12.4.11. Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner.
12.5. In addition to the above you must not:
12.5.1. Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
12.5.2. Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it.
12.5.3. Attack the Website via a denial-of-service attack or a distributed denial-of service attack.
12.5.4. Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website.
12.6. A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
13. Limitation of liability and indemnity
13.1. Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
13.1.1. Death or personal injury resulting from our negligence.
13.1.2. Fraud or fraudulent misrepresentation.
13.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987.
13.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
13.2. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are foreseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:
13.2.1. Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings).
13.2.2. Any loss of goodwill or reputation; or
13.2.3. Any special or indirect losses; or
13.2.4. Any loss of data.
13.2.5. Wasted management or office time.
13.2.6. Any other loss or damage of any kind.
34.3. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
13.4. This clause does not affect your statutory rights as a consumer.
14. Suspending or terminating your access
14.1. We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
14.1.1. You fail to make any payment to us when due
14.1.2. You breach the terms of these terms and conditions (repeatedly or otherwise)
14.1.3. You are impersonating any other person or entity
14.1.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity.
14.1.5. We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.
15. Linking to the Website
15.1. You may create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
15.2. Any link must be:
15.2.1. Established from a website that does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which it is hosted
15.2.2. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
15.2.3. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
15.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
15.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice, you must immediately remove the link and inform us once this has been done.
16. External links
16.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
16.1.1. The privacy practices of such websites
16.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
16.1.3. The use which others make of these websites
16.1.4. Any damage, loss or offense caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
17. General
17.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
17.2. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
17.3. All Contracts are concluded and available in English only.
17.4. If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
17.5. A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.6. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
18. Governing law and jurisdiction
18.1. The Website is controlled and operated in the United Kingdom.
18.2. These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
19. Other applicable terms
These terms of use refer to the following additional terms, which also apply to your use of our website:
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.
20. Contact us
If you have any questions please send an email using the Contact Us facility on the website.