TEN TOWN LTD
TERMS AND CONDITIONS OF USE
This Agreement details
i) the licence we grant you, your use of the tentown.co.uk subscription service (the "Service"), your right to cancel and
ii) the provision of goods we supply you (the “Goods”) and your right to cancel.
1 Provision of Service
By accessing the service you are agreeing to the terms that appear below
1.1 The Ten Town website (the "Site") and the Service are owned by Ten Town Ltd (company number 0007664449), whose registered office is at The Old Orchard, Crescent Road, Stafford. ST17 9AL.
1.2 You will receive access to the Service following payment, for the period of your subscription.
1.3 Ten Town Ltd agrees to provide you with reasonable support by telephone or email for the purpose of assisting you to maintain your access to the Site. However, Ten Town cannot be held responsible for your inability to connect to a working connection, for the speed of the connection, for the technical variability and potential incompatibility of networks, hardware and software.
1.4 You acknowledge that you have provided Ten Town Ltd with accurate and complete registration information and that it is your responsibility to update Ten Town Ltd of any changes to that information (including your email address) via firstname.lastname@example.org
1.4 These terms and conditions (including any documents referred to within them) contain all the terms on which we provide the Service to you. They supersede any prior promises, representations, undertakings or implications made.
1.5 The fee for your subscription (the "Fee") is calculated annually on the anniversary of the start of your subscription (unless otherwise stated). Ten Town Ltd shall be under no obligation to provide the Service until the Fee has been paid.
1.6 Access to the Service is only provided to you on condition that you pay the Fee. In the case of registered education settings access will be granted on an invoice-basis. An invoice will then be automatically generated to your accounts department.
1.7 Payment terms are strictly 14 days from date of invoice. Ten Town reserve the right to suspend service after such time and if payment is not forthcoming Ten Town also reserve the right to levy late payment or interest charges under “The Late Payment of Commercial debts (Interest) Act 1998 as supplemented and amended by the Commercial Debt Regulations 2002”.
1.8 Ten Town aims to provide immediate access to its service and it all cases access will be available within seven days from the confirmation of the order.
1.9 Your subscription begins on the day that you receive access to the Site.
1.10 Ten Town do not renew subscriptions automatically. Therefore your subscription will renew only if you confirm verbally or in writing that you wish it to do so and agree to make payment of the Fee. If you fail to pay the Fee for any subsequent year Ten Town Ltd may suspend your access to the Service until your Fee is paid.
1.11 On registration you will be allocated a unique login to the Site. You are responsible for all use of the Service using your unique login and for preventing unauthorized use of your unique login.
1.12 If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your unique login, you must notify Ten Town Ltd immediately by emailing email@example.com.
1.13 Your login is restricted to the IP address of your school or home (dependant on your package). School are able to set up separate accounts for their parents at an additional cost.
1.14 Education practitioners will be granted access to the site to plan lessons and monitor pupil progress. Practitioners are requested to contact Ten Town to arrange home access and this service is offered at Ten Town discretion.
1.15 Ten Town will monitor the IP addresses and useage of users to ensure they are not being used in a way that breaches this Agreement.
1.16 If Ten Town Ltd reasonably believes that your unique login is being used in any way which is not permitted by this Agreement, including the use of "Parent Packages" by educational establishments, Ten Town Ltd reserves the right to cancel access rights immediately and to block access from your unique login.
1.17 If a school renews a service agreement then the same terms and conditions, unless otherwise notified.
1.18 Nothing in these terms and conditions affects your statutory rights.
2. Right to Cancel the Service
2.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you are have a right to cancel the Service up to seven working days following the confirmation of you order provided you have not accessed the service within these seven day.
2.2 If you have not accessed the Site and wish to cancel, you must notify us by e-mail or in writing within these seven days.
2.3 If any Goods were provided free-of-charge as part of the subscription package, you must return these to Ten Town Ltd in an unused, resalable state, under your own carriage.
2.4 You must return the Goods within seven days from when they were received.
2.5 If the Goods are not returned in a resalable condition Ten Town reserve the right to deduct the full retail value of the Goods from the total refund of the subscription fee.
3. Provision and Delivery of Goods
3.1 We must receive payment for the price for the goods before your order can be accepted. In the case of registered education settings, the Goods will be granted on an invoice basis providing you supply your URN. An invoice will then be automatically generated to your accounts department.
3.2 Once payment has been received by us we will confirm your order by e-mail. Our acceptance of your order brings into existence a legally binding contract between us.
3.3 We aim to despatch all goods within two working days and you should receive all goods within ten working days from the date of order. However, please allow 28 days for delivery.
3.4 If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period.
3.5 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered.
4. Right to Cancel the Goods
4.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you are have a right to cancel the Service up to seven working days following the confirmation of you order.
4.2 You must return the goods in an unused, resalable state, within seven days from when they were received.
4.3 If the Goods are not returned in a resalable condition Ten Town reserve the right to deduct the full retail price of these goods for the total of the refund.
5. Ownership of Copyright
5.1 The Service (including any images, designs, photographs, animations, video, audio, music and text incorporated into the Service) is owned by Ten Town Ltd and is protected by United Kingdom copyright laws and international treaty provisions. All material displayed on the Service belongs to Ten Town Ltd. Subject to clause 5.2 users may retrieve and display the Service on a computer screen, print individual pages on paper and store for your internal educational non-commercial purposes that comply with this agreement.
5.2 You may not (without prior written permission from Ten Town Ltd):
5.2.1 redistribute any of the Content (including by using it as part of any library, archive or similar service);
5.2.2 remove the copyright or trade mark notice from any copies of Content made under this Agreement;
5.2.3 reverse engineer, decompile, or disassemble the Service.
5.3 You acknowledge that "Ten Town" is a trade mark and that you may not use it without written permission.
6.1 Ten Town Ltd will use its reasonable skill in making the Service available to you and in ensuring its continuing availability during your subscription. However because of the nature of the Internet and computer software and hardware, errors and omissions do occur and Ten Town Ltd does not give any other warranties in respect of the Service. In particular, you should not take the accuracy of the information for granted and Ten Town Ltd makes no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.
6.2 Ten Town Ltd will use its reasonable skill that this website is free from viruses or defects. However, we cannot guarantee that your use tentown.co.uk will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website
7. Limitation of Liability
7.1 Ten Town Ltd will use its reasonable endeavours to resolve faults in the Service during the subscription. You agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur up to an amount equivalent to the Fee actually paid or payable in relation to your use for the relevant term of the service.
7.2 To the maximum extent permitted by applicable law, in no event shall Ten Town Ltd be liable for any damages which arise out of the use or inability to use the Product even if Ten Town Ltd has been advised of the possibility of such damages. In any event, Ten Town Ltd entire liability to you under this Agreement or with regard to the Product shall be limited to the amount actually paid for the Product.