Additional Terms for TES Phonics
Last updated: 4 August 2014
This Additional Terms are additional terms and conditions which apply to the website: www.tesphonics.com. This Additional Terms governs the supply of the TES Phonics paid subscription service (the “Subscription”) and should be read in addition to the General Terms & Conditions
In the event of any conflict of the General Terms and Conditions, the terms of this Additional terms shall prevail over General Terms and Conditions.
Please read these Terms and Conditions carefully before ordering any Subscription from the website as your order indicates that you agree to be bound by these Terms and Conditions.
You are reminded that you have ticked the box marked "I Accept" on the order page by way of confirmation that you agree to the Terms and Conditions. By doing so, you also warrant that you are at least 18 years old.
Your order represents an offer to TES Global to purchase a licence to access, use and download from TES Phonics. After placing your order, you will receive an email from us acknowledging receipt of your order. Please note that this does not mean that your order has been accepted. We will confirm acceptance of your order by sending you an email confirming that you have successfully subscribed to TES Phonics (the "Confirmation"). Only at this point has a binding contract been formed between you and us (the “Contract”).
References to "you" and "your" are references to the teacher or other individual or educational establishment subscribing to TES Phonics.
If you are contracting as a consumer, you may cancel your subscription at any time within seven working days, beginning on the day after you received the Confirmation. In this case, you will receive a full refund of any Price (see below) you have paid to us. To cancel your subscription please logon to the TES Phonics service and use the cancel my account link at www.tesphonics.com/myphonics/subscriptions. Alternatively you can email email@example.com providing your username and the date you subscribed to the service.
The TES Phonics service offered by TES Global allows you to access and use interactive exercises (the “Exercises”) from our online service via the website www.tesphonics.com. TES Phonics includes (but is not limited to), interactive activities, worksheets, games and other Exercises and materials which form the content of the service. The Exercises are designed to be supportive to teaching.
Your subscription to TES Phonics will last for the Term (as defined below).
Before you may begin to use TES Phonics, you must open an online account at www.tes.co.uk. You will be able to access any Exercises by logging into your TES Phonics account at www.tesphonics.com. Please note that where the Exercises include use of Flash technology, the relevant Exercises will be accessible by you through your internet browser.
Duration and Termination
On subscribing to TES Phonics you will receive the option of a free trial period. If you opt for a free trial, your free trial shall commence on the date we send the Confirmation and shall continue for a period of 30 days (the "Free Trial").
If you opt for a free trial, we will send you an email 7 days before the end of the Free Trial to remind you that unless you cancel your subscription on time (i.e. before the end of the Free Trial), you will automatically subscribe to TES Phonics for the Initial Term.
To cancel your subscription please logon to the TES Phonics service and use the cancel my account link at http://www.tesphonics.com/myphonics/subscriptions. Alternatively you can email firstname.lastname@example.org providing your username and the date you subscribed to the service.
The Contract shall commence on the date we send the Confirmation to you and shall continue in full force and effect, subject to the paragraph above, for the Free Trial (if you opt for a free trial) and an initial period of one year commencing: (i) on the day after the expiry of the Free Trial, if you opt for a free trial or (ii) on the date we send the Confirmation to you, if you do not opt for a free trial (the "Initial Term").
We will send you an email 28 days prior to the expiry of the Initial Term (and every successive anniversary of the expiry of the Initial Term) reminding you that your subscription is due to renew and informing you of any increase in the price (the "Renewal Email") (see below).
On expiry of the Initial Term (and on every successive anniversary of the expiry of the Initial Term) the Contract shall renew automatically for an additional period of one year, unless and until terminated in accordance with the following paragraph (each a "Renewal Term").
Either party may terminate the Contract on expiry of the Initial Term or Renewal Term (as appropriate) by giving the other party written notice of termination, at any time prior to expiry of the Initial Term or the then current Renewal Term. To terminate your Contract please email email@example.com
The Free Trial, the Initial Term and any Renewal Term shall together mean (the "Term").
Limited rights to use TES Global's content
The Exercises belong to TES Global or its licensors and are subject to copyright, trade mark and/or other intellectual property rights owned by or licensed to TES Global.
For the Term, TES Global grants you a personal, non-transferable, non-exclusive, non-shareable right and licence to access the website through your account, to print copies of the Exercises, store the files in electronic form and store the files on a closed network (including the closed network of the institution for educational which employs you) and non-commercial purposes only. In using the Exercises, you must ensure that you retain on all downloaded materials all copyright and other proprietary notices contained on the Exercises when accessed by you for the first time.
On termination of the Contract you will: cease to have access to the Exercises through the website, (ii) cease to use and Exercises in your possession and (iii) destroy all printed and electronic copies of the Exercises.
The Exercises are provided to you on an "as is" basis. Whilst TES Global has used its reasonable endeavours to ensure that all Exercises are factually correct at the time that the Exercises is made available to you, TES Global does not warrant the accuracy, completeness or usefulness of any Exercises. Should you become aware of any inaccuracy or error in the Exercises purchased by you, please notify TES Global and it shall endeavour to resolve the inaccuracy or error as soon as is reasonably practicable. TES Global will use its reasonable endeavours to ensure that you may access TES Phonics at any time during the Term but provides no warranty to this regard.
The Exercises may not be copied, broadcast, displayed, modified, shared or distributed or otherwise exploited for any purposes other than for personal use or lesson planning and delivery by you without TES Global's written permission.
Price and Payment
To register for your free trial, a valid credit or debit card is required.
The price to subscribe to TES Phonics for the Initial Term (or any subsequent Renewal Term) will be quoted on the website from time to time (the "Price").
You shall pay us the Price annually in advance on commencement of the Initial Term (and every subsequent anniversary of the Initial Term). Payment can be made by credit or debit card. TES Global will deduct the appropriate amount from your credit or debit card on the day after the expiry of the Free Trial or annually on every successive anniversary of the expiry of the Initial Term (as appropriate).
If TES Global has not received payment within 5 days after the due date, and without prejudice to any other rights and remedies of TES Global, TES Global may, without liability to you, temporarily or permanently disable your access to TES Phonics and TES Global shall be under no obligation to provide any or all of the TES Phonics services while any payments remain unpaid. If payments are not made within 30 days of the due date for payment, TES Global is entitled to terminate the agreement forthwith.
Prices are liable to change. We may change the Price at any time; such Price change shall take effect on the commencement of any Renewal Term occurring after the Price change is posted on the website (and as notified to you by us in the Renewal Email).
If the website contains incorrect information or the cost of subscribing is listed at an incorrect price due to typographical errors or an error in pricing information, TES Global shall not be under any obligation to provide the subscription to you at the incorrect price, even after we have accepted your order, if the pricing error was obvious to a reasonable person. If payment has already been taken for the purchase and your order is cancelled, TES Global shall immediately issue a credit or refund in the amount of the incorrect price. Alternatively TES Global will give you the option of reconfirming your order at the correct price.
Prices are exclusive of VAT and we shall charge VAT at the applicable rate on the date of the Confirmation.