Last updated: March 19, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://eyfpeadventures.com website (the “Service”) operated by EYFS PE Adventures (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned 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.
The following definitions and rules of interpretation apply in this agreement.
• Agreement means the agreement between you and us incorporating these Terms for the provision of the Service.
• Intellectual Property Rights means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered), and other similar rights wherever existing in the world, together with the right to apply for protection of the same.
• Liability means the liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities arising from use of the Service.
• Service means the service provided by us to you. Some of the services on the Website are free to access and others are only available on a paid-for basis (‘Subscription Service’).
• Website means our Website at URL www.EYFSpeadventures.com
• You or your means the person or representative of an institution who uses the Service.
• Subscription Plan means a paid-for subscription plan allowing you access to paid-for services.
By registering, you are giving us consent to use your email for the purpose of sending you regular updates via email. These updates will contain links to newly-published content on the Website.
You may at any time unsubscribe from our mailing list by clicking the unsubscribe link in the footer of every email that we send to you.
Intellectual Property Rights
This Website and its content are protected by copyright, database rights, trademarks and other Intellectual Property Rights. All Intellectual Property rights in the Service, the Website and its content is owned by us and no right to use or licence of any of those Intellectual Property Rights is granted except as explicitly set out in these Terms.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that EYFS PE Adventures is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that EYFS PE Adventures cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
Some parts of the Service are 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.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or EYFS PE Adventures cancels it. Users may cancel the Recurring Payment at any time up to 3 working days prior to the date the payment is scheduled to take place, by writing to email@example.com. Users who paid via Paypal can cancel the Recurring Payment in their Paypal accounts.”
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide EYFS PE Adventures with accurate and complete billing information including full name, address, post code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise EYFS PE Adventures to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, EYFS PE Adventures will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Subscription Plan is solely for use by you.
You must not (whether directly or indirectly) syndicate, sell or offer to sell any part of the Website or any content, files or data from the Website, whether publicly available or not.
The Subscription Plan is for use by the agreed number of individuals allowed within the plan for the period of validity of the Plan. You must provide an accurate email address for each User that you register in your profile area and specify the usage rights of each user.
We reserve the right to monitor usage of the Subscription Service using your personal login details and/or website analytics. In the event that unauthorised users are accessing the Subscription Service using your personal details then we reserve 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.
Illegal and/or unauthorised use of the Service or Website will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
EYFS PE Adventures may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by EYFS PE Adventures until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, EYFS PE Adventures reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
EYFS PE Adventures, 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.
EYFS PE Adventures 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.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You must not:
• impersonate or try to impersonate another person;
• disclose your password to anyone else;
• allow anyone else use to your account;
• use anyone else’s account.
You are responsible for everything done using your account, even if someone else is using your registration details without your knowledge. If you think that someone else may have access to, or be using, your password or account, you must tell us as soon as possible by emailing firstname.lastname@example.org.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless EYFS PE Adventures and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall EYFS PE Adventures, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
EYFS PE Adventures its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will EYFS PE Adventures ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by EYFS PE Adventures or any person for whom EYFS PE Adventures is responsible, and even if EYFS PE Adventures has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.