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Terms of Service
Website Terms and Conditions
Welcome to Educational Building Blocks Limited’s website. These Terms and Conditions govern your use of 4to12maths.com, 4to12maths.ie, 4to12maths.co.uk, and any successor websites of the foregoing (collectively, the “Site”), any Educational Building Blocks software, downloaded from this Site or obtained elsewhere (the “Software”), and all of the services made available on the Site (the “Services”). By using the Software, Services or visiting or browsing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions and any modifications that may be made to these Terms and Conditions from time to time. In addition, to the extent our Services or Software require you to set up an account with a password, if you are designated as the parent or legal guardian in the account, or are otherwise the person who first registers for a Service, you agree to be responsible for ensuring that all users on your account comply with these Terms and Conditions and any modifications that may be made to the Terms and Conditions from time to time. If you do not agree to these Terms and Conditions, you should not use the Services or Software, or visit or browse the Site.
These Terms and Conditions constitute a binding legal agreement between you and Educational Building Blocks Limited (“Educational Building Blocks,” “we,” “us,” and “our”). If you are using the Site, Services or Software, on behalf of any entity or person (including child), you represent and warrant that you are authorized to accept these Terms and Conditions on such entity’s behalf or such person’s behalf, and that such entity or person agrees to indemnify you and Educational Building Blocks for violations of these Terms and Conditions. Please read these Terms and Conditions carefully before accessing or using the Site, Software or the Services.
We reserve the right to modify these Terms and Conditions at any time and in any manner at our sole discretion, including the fees for the Software or Services. Notice of any modification of these Terms and Conditions will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site, Software or the Services constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site, Software or the Services to determine whether a change has been made to these Terms and Conditions. If you do not agree to any changes in the Terms and Conditions as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Service, Software and the Site. You agree that we are not liable to you or to any third party for any modification of the Terms and Conditions.
Fee Based Services and Software
Some Services and Software may be offered to you on a fee basis. Fees are quoted in Euros or otherwise in the currency that you select. If you elect to purchase fee-based Services or Software and transmit to Educational Building Blocks a purchase request, you warrant that your use of the particular credit card or other Educational Building Blocks accepted payment method is authorized and that all information that you submit to Educational Building Blocks, or any third party designated by Educational Building Blocks, is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees, including any applicable VAT or sales taxes, you incur. Any username, password, session ID or user ID supplied to you in connection with any fee-based Services or Software you purchase is personal to you and the members of your household, and you may not transfer or make available your account name, password, session ID or user ID to others. Any distribution by you of such account name, password, session ID and/or user ID may result in cancellation of the fee-based Services and Software without refund and the imposition of additional charges based on your unauthorised use.
You agree that we may charge your credit or debit card the appropriate monthly/annual membership subscription amount on the day immediately after your promotional period ends (if applicable) or on the first day you subscribe to our service. The date of the month that we first charge your credit or debit card will be your "Billing Date". Thereafter, we will continue to charge your credit or debit card monthly/annually on your Billing Date until you cancel or alter your subscription in accordance with our cancellation policy.
You agree to update your credit card details provided to us in a timely manner and to ensure that your credit card has sufficient credit to allow your subscription to be processed.
If we are unable to successfully charge to your credit or debit card any amount properly payable by you within 60 days your account will be closed.
Where another Educational Building Blocks accepted payment method has been authorised (other than credit or debit card) and we do not receive any amount properly payable by you within 60 days your account will be closed.
You agree not to hold us responsible for banking charges incurred due to payments failing on your account.
We may, in our sole discretion, change the fees for any services at any time. We agree to notify you by email at least 30 days in advance of any increase in fees. If you do not agree to such changes in service prices you have the right to cancel your subscription in accordance with our cancellation policy.
You agree that the rights to access the Software and Services may be different for different account types. This includes the right to access the Software and Services, in the case of School or Classroom/Teacher accounts, during school hours.
If you wish to cancel your subscription you must ensure you have COMPLETED the cancellation a minimum of two (2) working days prior to your Billing Date to avoid being charged a further month's/year’s subscription. We DO NOT provide refunds for cancellations part-way through the billing period.
For instructions on how to cancel your membership go to the "My Account" section when logged in. Details can then be found under the "Account Details" heading. Educational Building Blocks reserves the right to change the instructions on how to cancel at any time.
We may cancel or suspend your subscription at any time. Without limiting this general right, we will cancel your subscription immediately and without notice to you if we have reasonable grounds to believe that you have breached any of these Terms and Conditions or behaved in a manner that we deem unreasonable or contrary to the spirit of these Terms and Conditions.
The Site, Software and the Services may allow you and other third parties to post data, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information (collectively, “Content”). All Content, whether publicly posted on or privately transmitted via the Site, Software or the Services, is the sole responsibility of the person from whom the Content originated and not of Educational Building Blocks Limited, or its shareholders, directors, officers, or employees. Educational Building Blocks Limited may review and delete any Content, in whole or in part, that in the sole judgment of Educational Building Blocks Limited violates these Terms and Conditions or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Educational Building Blocks Limited or its shareholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on Content obtained through the Site, Software or the Services. It is your responsibility to evaluate the Content available through the Services, Software or the Site. Although Content will not be pre-screened or reviewed, we reserve the right to refuse or delete any Content.
DO NOT SUBMIT OR DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
Educational Building Blocks likes to hear from you. However, please keep in mind that Educational Building Blocks does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to Educational Building Blocks any creative or original materials such as ideas for software products, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts or other information. Educational Building Blocks shall be free to use any such ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information and shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any submission.
The Educational Building Blocks Blog
All posts by the authors, guest authors, and visitors reflect personal thoughts and opinions which are not necessarily those of the company.
When you post Content, you hereby grant (or warrant that the owner of the Content grants) us and each user of the Site, Software or the Services a royalty-free, perpetual, irrevocable, fully sub licensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Content for any purpose and without acknowledgement to you. By posting or providing Content, you represent and warrant that public posting and use of your Content by us and any of our users will not infringe on or violate the rights of any third party.
In addition subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Software solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software and Services are protected by applicable intellectual property laws, including European and United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software and/or Services; (b) rent, lease, or sublicense the Software and/or Services; nor (c) circumvent or disable any security or technological features or measures in the Software and/or Services. You may not export or re-export the Software and/or Services without (a) the prior written consent of Educational Building Blocks; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.
Usage Guidelines and Restrictions
You agree not to use the Site, Software or the Services to:
upload, post, e-mail, or otherwise transmit any Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, e-mail addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
harm minors in any way or write comments that in any way refer to person(s) under 18 years of age;
impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
upload, post, e-mail, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
upload, post, e-mail, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Services, Software, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;
use any automated means to access the Site, Software or the Services or collect any information from the Site, Software or the Services (including, without limitation, robots, spiders, or scripts); or
frame the Site, Software or the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
Please read these competition rules carefully. These rules should also be read in conjunction with any rules specific to a competition and that are published on the relevant specific competition page. If you enter one of our competitions, we will assume that you have read these rules and that you agree to them.
1. To enter a competition you must be: (a) Irish resident; and (b) 18 years old or over at the time of entry.
2. Competitions are not open to employees (or members of their immediate families) of Educational Building Blocks Ltd.
3. No purchase necessary.
4. Only one entry per parent, household, teacher or school.
5. If you want to enter a competition you may enter via the website on the applicable competition page.
6. Sending an e-mail is not proof that we have received your entry. No responsibility can be accepted for entries that are lost or delayed, or which are not received for any reason, technical or otherwise.
7. The winner(s) will be the entrant(s) who at the specified closing date are the winning positions as determined by specified scoring criteria in each competition.
8. The opening and closing dates are as specified in each competition, and Macmillan reserves the right to amend the competition end date at any time.
9. If you win a competition, we will notify you by post and e-mail. The judges’ decision will be final, and no correspondence will be entered into.
10. Results for a competition will be posted to the relevant page of the company website.
11. By entering the competition the winner agrees to participate in such promotional activity and material as Macmillan may require.
12. The panel of judges for each competition will be comprised of members of the management team of Educational Building Blocks Limited.
13. The prize will not be transferable to another person.
14. No part of a prize is exchangeable for cash or any other prize.
15. If an advertised prize is not available, we reserve the right to offer an alternative prize of equal or greater value.
16. Incorrectly completed entries will be disqualified.
17. This competition is being run by Educational Building Blocks Ltd of 1 Meadowlands Lane, Broomfield, Midleton, Co. Cork, Ireland (“EBB").
19. EBB reserves the right to amend these rules at any time. EBB may also create rules which will apply to a specific competition only. If we do this we will publish the amended competition rules and/or specific competition rules on the relevant competition page.
20. EBB will endeavour to send prizes within a month of the competition end date but cannot guarantee this delivery time.
21. The Competition will be governed by Irish law.
You agree that Educational Building Blocks Limited, in its sole discretion, may terminate your password, account (or any part thereof), and use of the Site, Software and the Services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if Educational Building Blocks Limited believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Educational Building Blocks Limited may also in its sole discretion and at any time modify or discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Site, Software or the Services may be effected without prior notice, and you acknowledge and agree that Educational Building Blocks Limited may immediately deactivate or delete your account and all related information and Content in your account and bar any further access to such information or to the Site, Software or the Services. Further, you agree that Educational Building Blocks Limited shall not be liable to you or any third party for any modification or termination of your access to the Site, Software, or the Services.
By using the Educational Building Blocks service, you consent to receiving electronic communications from Educational Building Blocks. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Educational Building Blocks and you receive them as part of the 4to12maths.com membership (free trial or paid). Subject to you not electing to unsubscribe in the manner stated above, these communications will continue post the expiry, cancelling or termination of your membership (free trial or paid). You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Disclaimers of Warranties; Limitations on Liability
The Site, Software, and the Services (including all Content) are provided “as is”; Educational Building Blocks Limited makes no representations or warranties of any kind with respect to the Services, the Content, the Site, the Software, or any contents therein. Educational Building Blocks Limited assumes no liability or responsibility for any errors or omissions in providing the Services, the Site, the Software or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. EDUCATIONAL BUILDING BLOCKS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, THE SOFTWARE, THE CONTENT, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, Educational Building Blocks Limited does not represent or warrant that the information on or accessible via the Site or Software, or through the Services is complete, current or will be updated or corrected. Educational Building Blocks does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or any hyperlinked site or featured in any banner or other advertising. While Educational Building Blocks attempts to make your access and use of the site, the services, and the software safe, Educational Building Blocks cannot and does not represent or warrant that the site, the software, or its server(s) are free of viruses or other harmful components; therefore, you should use industry recognized software to detect and disinfect viruses. EDUCATIONAL BUILDING BLOCKS ‘ AND ITS AFFILATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, SHAREHOLDERS’, EMPLOYEES’, AGENTS’, AND REPRESENTATIVES’ LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. EDUCATIONAL BUILDING BLOCKS AND ITS AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. EDUCATIONAL BUILDING BLOCKS’ AND ITS AFFILATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, SHAREHOLDERS’, EMPLOYEES’, AGENTS’, AND REPRESENTATIVES’ TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, THE SOFTWARE, THE CONTENT, THE SITE OR THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED €100. EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS AND CONDITIONS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE FEES WE CHARGE, IF ANY, AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS AND CONDITIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS AND CONDITIONS. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you. ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE SITE, SERVICES AND/OR THE SOFTWARE.
If you are dissatisfied with the Site, Services and/or Software, or with any terms, conditions, rules, policies, guidelines or practices of using the Site, Services and/or Software, your sole remedy is to discontinue using the Site, Services and/or Software.
You agree to indemnify and hold Educational Building Blocks Limited or its shareholders, directors, officers, employees, agents, representatives, partners, or affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Site, the Software, the Services, or Content, including without limitation these Terms and Conditions.
Links and Advertising
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. EDUCATIONAL BUILDING BLOCKS IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site, Software or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site, Software or the Services.
Governing Law and Arbitration
These Terms and Conditions are governed in all respects by the laws of the Republic of Ireland. Any controversy or claim arising out of or relating to these Terms and Conditions, the Services, the Software, or the Site will be settled in the first instance by arbitration. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. By using the Site, Software or the Services, you consent and submit to the exclusive jurisdiction and venue of the courts of the Republic of Ireland.
Educational Building Blocks controls and operates this Site from its offices in Cork, Ireland and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site, Software and Services from other locations you are responsible for compliance with applicable local laws. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
In the event that you have a dispute with one or more users of the Site, Software or the Services, you release Educational Building Blocks Limited and its shareholders, directors, officers, employees, agents, representatives, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.