Terms of purchase of Digital Services, including Online Courses
Welcome to our website. This page together with our Privacy Policy, Cookie Policy and Terms of Website Use tells you information about us and the legal terms and conditions (Terms) on which we sell any of the services such as on-line fixed term courses (Services), e-courses, listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Services from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 5. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 12 September 2017.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1. We operate the website www.developmaths.com. We are Develop Maths Ltd, a company registered in England and Wales under the company number 9110783 and with our registered office at Develop Maths Ltd, Kemp House, 152 City Road, London EC1V 2NX. Our VAT number is 261 0322 53.
1.2. Contacting us if you are a consumer:
1.2.1. You can Contact Us or contact our Customer Services team by telephone on 0203 815 7956 or by post to Develop Maths Ltd, Kemp House, 152 City Road, London, EC1V 2NX. If you are emailing us or writing to us please include details of your order to help us to identify it.
1.2.2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3. Contacting us if you are a business. You may contact us by telephoning our Customer Service team at 0203 815 7956 or please Contact Us. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 15.7.
2. Use of our site
2.1. Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
3. How we use your personal information
3.1. We only use your personal information in accordance with our Privacy Policy. We use cookies on our site, details of which can be found in our Cookie Policy. Please take the time to read our Privacy Policy and Cookie Policy, as they include important terms which apply to you.
4. Age restrictions
4.1. If you are a consumer, you may only purchase Services from our site if you are at least 18 years old. However, the Services are suitable for 15 to 17 year olds.
5. Our right to vary these Terms
5.1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed. Every time you order Services from us, the Terms in force at the time of your order will apply to the Contract between you and us. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
5.2. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
6. Purchasing the Services
6.1. Our registration and enrolment pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3. We will confirm our acceptance of your order to you by sending you an e-mail acceptance confirmation (Acceptance Confirmation). The Contract between us will only be formed when we send you the Acceptance Confirmation.
6.4. If we are unable to supply you with a Service, for example because that Service is no longer available or because of an error in the price on our site as referred to in clause 9.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.
6.5. You must provide true, accurate and current information about yourself when registering with us. You must update this information to keep it true, accurate and current. If this is not the case, the Company has the right to cancel your membership and refuse any use of this service.
6.6. Registration requires a valid email address and password (your login details). For the password, please do not use obvious words and dates, such as nicknames and birth dates. Please keep your login details confidential. Please log off from the Service when your session is complete.
6.7. If your login details have been compromised, you should:
6.7.1. immediately inform the Company; and
6.7.2. change your password.
6.8. For security or other reasons, the Company may require you to change your password.
6.9. When using the Service, you must NOT do any of the following:
6.9.1. Threaten, harass, bully, violate the privacy rights, violate the publicity rights of others
6.9.2. Publish, post, distribute any defamatory, infringing, obscene, indecent, offensive, unlawful information
6.9.3. Impersonate any person or entity, including without limitation any employee or representative of the Company
6.9.4. Decompile, reverse engineer, or obtain the source code of the Services
E-courses
6.10. The catalogue of e-courses available is set out in Question 2 of our FAQs page.
6.11. All e-courses must be paid for in advance, using the on-line payment facility.
6.12. For information regarding digital content functionality and compatibility of the Services, please refer to Question 3 in our FAQs page of our site.
7. Termination policy
7.1. Due to the digital nature of e-courses, the course material is immediately available after payment is received so you will lose your legal "cooling off" rights to cancel the Contract and change your mind within 14 days of receiving your order confirmation. This does not affect your statutory rights.
7.2. To cancel a Contract after the 14 day "cooling off period", you just need to let us know that you have decided to cancel. You can cancel by following these steps below:
7.2.1. log in
7.2.2. use our [Contact Form]
7.2.3. In subject select "Request Refund"
7.2.4. In comment please state your reason.
This option will not be available if (a) your fixed term contract is one month; or (b) you are in the last month of the fixed term contract, for example in month 12 in a 12 month contract.
7.3. If you cancel your Contract we will:
7.3.1. refund you for any service not yet used. For example if you cancel in month 2 of a 6 month contract, a refund will be paid for months 3 to 6; and
7.3.2. make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel the Contract.
7.4. We will refund you on the credit card or debit card used by you to pay.
7.5. Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this service and your membership if:
7.5.1. It reasonably believes that you have breached any of these Terms and Conditions;
7.5.2. It cannot verify the accuracy or validity of any information provided by you;
7.5.3. Or it suspects fraudulent, abusive or illegal activity by you.
8. Delivery
8.1. Delivery will be immediately available on Develop Maths website once payment has been made. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.
9. Prices and Payment
9.1. The prices for the Services are calculated and payable in advance as set out at the on-line store page of our site. We shall be under no obligation to provide the Services until the price has been paid in full.
9.2. The prices of the Services will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Services are correct at the time when the relevant information was entered onto the system. However please see clause 9.6 for what happens if we discover an error in the price of Services you ordered.
9.3. Prices for our Services may change from time to time, but changes will not affect any order you have already placed.
9.4. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Service to you at the incorrect (lower) price.
9.5. All prices are expressed inclusive of any VAT payable unless otherwise stated. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.
9.6. You can only pay for Services using a debit card or credit card. We accept the following cards: Mastercard, Visa, American Express, Maestro and JCB.
10. Intellectual property
10.1. The content of our site and all Services sold via our site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of our site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our site or for sale from our site without written permission from us.
11. Our liability if you are a business
This clause 11 only applies if you are a business customer.
11.1. We only supply the Services for internal use by your business, and you agree not to use the Services for any resale purposes.
11.2. Nothing in these Terms limits or excludes our liability for:
11.2.1. death or personal injury caused by our negligence;
11.2.2. fraud or fraudulent misrepresentation;
11.3. Subject to clause 11.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
11.3.1. any loss of profits, sales, business, or revenue;
11.3.2. loss or corruption of data, information or software;
11.3.3. loss of business opportunity;
11.3.4. loss of anticipated savings;
11.3.5. loss of goodwill; or
11.3.6. any indirect or consequential loss.
11.4. Subject to clause 11.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the fees paid by you for the services purchased through the service during the six-month period proceeding the applicable claim.
11.5. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
12. Our liability if you are a consumer
This clause 12 only applies if you are a consumer.
12.1. Our liability to you for any direct losses arising out of our negligence breach of contract or any other cause of action arising out of or in connection with these Terms shall in no circumstances exceed the fees paid by you for the services purchased through the service during the six-month period proceeding the applicable claim.
12.2. We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, loss of data, business interruption, or loss of business opportunity.
12.3. We do not in any way exclude or limit our liability for:
12.3.1. death or personal injury caused by our negligence;
12.3.2. fraud or fraudulent misrepresentation;
12.4. It is your responsibility to ensure that the Services are suitable for your requirements. We are happy to offer advice but accept no liability in the event that the Online content does not meet your requirements.
12.5. We give no guarantee that by completing an on-line course that you will experience success in any business or activity that you may carry on following the course.
12.6. We make no promise that materials on our site are appropriate or available for use in locations outside the United Kingdom, and accessing our site from territories where its contents are illegal or unlawful is prohibited. If you choose to access our site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
12.7. In order to carry out essential maintenance from time to time, we may restrict access to some parts of our site, or our entire site, to users. We will NOT be liable if for any reason our site is unavailable at any time or for any period.
13. Events outside our control
13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clauses 13.2 and 13.3.
13.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3. Due to the nature of the internet, we cannot guarantee that our Site or the Software is free from computer viruses or any other malicious or impairing computer program. You should therefore ensure that you employ all reasonable precautions when accessing our Site or downloading the Software. Technical inaccuracies and typographical errors may appear on the pages of our Site from time to time.
13.4. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.4.1. we will contact you as soon as reasonably possible to notify you; and
13.4.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.5. You may cancel a Contract affected by an Event Outside Our Control. To cancel please follow the steps in clause 7.2 above.
14. Our assurance to you
14.1. We warrant that we have the right to supply the Services and will use all reasonable skill and care in making the Services available to you and in ensuring their availability.
14.2. All course contents have been carefully researched by us and are believed to be the most up-to-date and factually accurate information available at the time of the course.
14.3. We are continually seeking to improve the Services. We reserve the right, at our discretion, to make changes to any part of the Services provided that it does not materially reduce their content or functionality.
15. Other important terms
15.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this website if this happens.
15.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6. If you are a consumer you may contact us as described in clause 1.2.
15.7. If you are a business:
15.7.1. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
15.7.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
15.7.3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15.7.4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15.8. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.9. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
15.10. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
16. Develop Safely
We want students to be safe and happy. In the interest of students safety and wellbeing, here are some suggestions:
16.1. When using our Service, be aware of your surroundings and use your device safely
16.2. Keep your personal data private
16.3. Keep your email address and password confidential
16.4. Make sure you're in a safe place
16.5. Here are some links to very important websites, that are there to help keep you safe
16.5.1. Stay Safe Online
16.5.2. More Safety
16.5.3. Report Abuse
Version 1.0 Last updated on 12 September 2017.
