WEBSITE TERMS AND CONDITIONS
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THIS WEBSITE OR OUR SERVICES OR BY SELLING OR PURCHASING ANY MATERIALS OR SERVICES ON OR THROUGH THIS WEBSITE OR BY POSTING ANY CONTENT ON THIS WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE OR SERVICES.
1 Binding Terms and Contract
1.1 These Terms and Conditions (Terms) apply to your use of our www.atozeducationalservices.com (Website) operated by AtoZ Educational Services Ltd, a company registered in England & Wales under company number 10788418, with its registered office address at 20-22 Wenlock Road, London, N1 7GU (AtoZ).
1.2 Please read these Terms carefully and ensure that you understand them. Your use of this Website is subject to your acceptance of these Terms. If you do not accept these Terms you must not use or access this Website.
1.3 You are bound by these Terms and agree to comply with all applicable laws or rules in the event that you access, browse, use materials or book sessions on this Website. In that case you agree that you will be deemed to have full knowledge of and agree to be bound by these Terms and abide by any and all relevant laws and rules.
2 Registration & Restricted Access
2.1 You may be required to register on this Website. When you register with us, subject to the provisions of these Terms, you will be responsible for all access, transactions and sessions made using the contact and registration details including email address or passwords provided on registration.
2.2 We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our Website or other content or services on or through this Website, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion. You should change your password from time to time and especially in the event that you believe it has been disclosed to a third party or otherwise compromised.
2.3 In order to access certain parts of the Website or to make a purchase through the Website, you may be required to first create an account (Account) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilising our guest option, you will become entitled to access.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. AtoZ reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will immediately notify AtoZ of any unauthorised use of your Account.
3. How We Use Your Personal Information & Data Protection
3.1 We only use your personal information in accordance with our Data Protection Privacy and Security Policy and as set out in these Terms in connection with our collection and use of your personal data and information. Please take the time to read this, as it includes important terms which apply to you.
3.2 By using this Website, you consent to the collection and use of your personal information by AtoZ as detailed in these Terms and our current Data Protection Privacy and Security Policy. Any updated drafts or changes to our policy will be posted online.
3.3 We endeavour to collect all personal data and information about you on this Website in accordance with the applicable privacy laws including the Data Protection Act 2018 AND THE General Data Protection Regulation (GDPR).
3.4 In order to assist AtoZ, you may provide us with information from time to time which we may require or use for the purposes of providing you with any required services, information or requested activity including contacting you and providing notification to you in relation to such services or related activity. We may provide the data collected from you to other third party including our agents and contractors in connection with the service.
3.6 AtoZ utilises any personal information about you only for the purpose of providing the services requested, including utilising relevant email addresses for the purposes of providing progress reports recipients in respect of the students or recipient of the services. AtoZ uses the postal addresses provided at registration for the purpose of delivering hard copy reports, relevant ordered materials or products requested or required in connection with the services ordered.
3.7 The public areas of the Website can be visited without identifying yourself or providing any personal information. However, AtoZ may collect Website usage information and information about your computer and internet connection. Such information may include your computer’s IP address, the type and version of browser and operating system you use, your internet domain and, if you arrived on the Website via a link from another website, the URL of that site. AtoZ will attempt to use IP addresses to identify a user if necessary. AtoZ may collect details of or use IP addresses to monitor how long a user spends on the Website and which pages he/she visits. The information collected assists AtoZ with its internal research to improve visitor experience on the Website as well as properly reviewing and evaluating the use of different parts of the Website by visitors. The results of all such research and analysis will be presented and used as anonymous or aggregated information, not disclosing any personal facts about individuals. AtoZ also uses some of the information collected on the Website to seek to ensure the compatibility of the Website with the browsers and operating systems used by most of our visitors.
3.8 AtoZ do not share or forward your personal data to third parties (who are not part of the provision of the services ordered) without your prior consent or in accordance with our Data Protection Privacy and Security Policy. Your data is primarily used within AtoZ for the provision of the services requested.3.9 AtoZ control physical security in relation to the information and personal data that is contained at our facilities and restrict access to the Website, buildings, computer rooms, office desk, technology areas, equipment and other facilities where unauthorised access by people could compromise our security.
3.10 All proprietary or confidential information, including personal data, is contained or stored on computer and any that is contained and stored on manual files is locked up and secure. Credit card details are not stored on the Website. AtoZ control access to information and personal data, including existing procedures for authorising and authenticating users as well as software controls for restricting access and techniques for protecting data such as encryption.
3.11 AtoZ maintain a business continuity plan as a contingency plan which identifies our business functions and assets (including personal data) which would need to be maintained in the event of disaster and maintains internal procedures for protecting and restoring them if necessary.
3.12 In respect of detection and investigation of breaches where they occur, AtoZ endeavour to have in place relevant controls which should alert us to a breach in security. AtoZ endeavour to investigate every breach of security.
3.13 AtoZ seeks to use reasonable organisational, technical and administrative measures to protect personal information within its organisation. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. Accordingly, AtoZ cannot guarantee the security of any personal information or data disclosed to it or collected by it and shall not be liable for any loss suffered if a third party procures unauthorised access to any data you provide, in a manner beyond its reasonable control. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify AtoZ of the problem by contacting us in accordance with the “Contact Information” provided.
4 Events beyond our reasonable control
4.1 AtoZ is not responsible for any delays in performance or failure to perform or comply with or its obligations under these Terms if the delay or failure arises from any cause or events which is beyond its reasonable control. This provision does not affect your statutory rights.
4.2 An “event outside our control” is defined as any act or event beyond our reasonable control, including without limitation power failure, 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.
4.3 If an event outside our control takes place that affects the performance of our obligations under these Terms, AtoZ will endeavour to contact you as soon as reasonably practicable to notify you. In any event, our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.
5 Acknowledgements In Respect Of Our Website
By using our Website, you agree and acknowledge as follows:
5.1 If you accept or agree to these Terms on behalf of a third party or entity, you represent and warrant that to AtoZ that you have the authority to bind that third party or entity to these Terms.
5.2 You acknowledge that any prices do not include shipping and handling charges, VAT or applicable taxes, if any, for which you are responsible and which will be separately identified on your receipt.
5.3 This Website may be changed by AtoZ without notice by the addition or removal features or services, without liability to you. AtoZ reserves the right to withdraw offers and discounts at any time and at its discretion. Every effort has been made to ensure the accuracy of the information presented, but this is not guaranteed and AtoZ undertake no duty to update such information. Accordingly, AtoZ does not accept liability for any errors or omissions in such a manner.
5.4 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software. AtoZ do not guarantee that our Website will be secure or free from bugs or viruses.
5.5 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our website.
5.6 You must not attack our Website via a denial-of -service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
5.7 AtoZ will not be liable for any loss or damage caused by: a distributed denial-of-service attack/viruses/ technologically harmful material that may infect your computer equipment, computer programs, data or other material due to your use of/download of material on the website, or on any website linked to it.
5.8 For convenience and without endorsement, the Website may provide links to useful resources, partner sites or other external sites not under AtoZ’s control without responsibility or liability whatsoever for any content of any such linked website(s) or resources, or any link contained in a linked website, or any changes or updates to such content. AtoZ shall have no liability in connection with or any responsibility for any form of transmission or webcasting received from any and all linked websites or resources. Use of a linked website will be subject to that site’s own terms and conditions, with which you will need to comply.
5.9 You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website. You must not use our Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our Website for any purposes related to marketing without our express written consent.
5.10 This Website and any assessment papers provided by AtoZ may include inaccuracies or typing errors. Scores attained on any of AtoZ ’s tests, services or products do not suggest nor imply a definite pass in any exam, nor will it guarantee acceptance at any institution of learning.
5.11 AtoZ has no liability to you in the event of any failure to provide access to the Website: there may be periods when the Website will be offline, whether for maintenance or otherwise.
5.12 AtoZ provides services and sells products or materials for purchase by adults only, and assumes that any under-18-year-olds accessing the Website are doing so with the involvement or explicit consent of a parent or guardian.
5.13 Materials produced by AtoZ are copyrighted and unavailable for resale.
6. Copyright and Ownership of Rights
6.1 Unless otherwise expressly stated, copyright, database right or similar rights in all material presented on this Website (including graphical images, text, video clips, reprographics, sounds, demos, patches and other files) is owned, controlled or licensed by AtoZ or its affiliates and is protected or covered by copyright, trade mark, intellectual property law and other proprietary rights.
6.2 You have limited permission to display, print or download extracts from these pages for your personal non-commercial and non-profit use only and you shall not be entitled to commercialise any such material in any way.
6.3 Any copies of the pages of the Website which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal use.
6.4 You may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from this Website without our prior written consent save as expressly authorised by an agreement in writing between us.
6.5 Unless with our prior permission no part of this Website may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
6.6 Linking to the home page of our Website is greatly appreciated but written permission for using our name, logo and linking to our site is required. Please contact email@example.com. No deep linking or framing will be permitted without prior written agreement. We reserve the right to revoke such permission at any time. Linking to our Site is subject to our Linking Terms and Conditions, available on request.
6.7 You may not amend, republish, distribute, reproduce, adapt or modify any of the materials on this Website or use any of the materials for public performance or otherwise make commercial use of this Website or any materials located on it without our prior written consent.
6.8 You must not use any part of the content on our Website for commercial purposes without first obtaining a prior written licence to do so from us or our licensors. Use of this Website is granted limited to the following: You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions below.
6.9 Without our express prior written consent you must not: republish material from this Website (including republication on another website); sell, rent or otherwise sub-license material on the Website; reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; edit or otherwise modify any material on the Website; or re-distribute material from this Website except for content specifically and expressly made available for redistribution. Where content is specifically and expressly made available in writing for redistribution, it may only be redistributed within your business or to your clients for presentation only.
6.10 The permission granted terminates automatically if you breach any of these terms or other terms and conditions applicable to this Website.
6.11 Nothing on this Website or your use of any of the services or materials shall be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of the owners or any third party, whether implied or otherwise, save as expressly provided.
7 Trial & Promotional Memberships/Offers
7.1 AtoZ may from time to time offer trial and promotional memberships or other promotional offers on the Website for which visitors may register. Such trial or promotional memberships or offers will be subject to specific terms and conditions in addition to these Terms.
7.2 Refunds for goods, materials or services purchased under a promotional offer will be based on the terms of the promotional price, if a refund is applicable, subject to statutory rights.
7.3 Promotional offers will be subject to these Terms and any other specific conditions notified to you at the time of the promotional offer. AtoZ retains the right to withdraw or cancel a promotional offer at any time and without any reason.
7.4 When you participate in a promotional offer, you warrant to AtoZ that you are the duly authorised recipient and that you are using it in good faith and shall not circumvent the provisions of the promotional offer in any manner. If we believe that any promotion offer is being used unlawfully or illegally, we may cancel or reject it, and you agree that you will have no claim against us in respect of any cancellation or rejection. AtoZ has the right to take any further action it deems appropriate in such instances.
7.5 Our acceptance of an order always takes place upon despatch of the order, at which point the purchase contract will be made and you will be charged for your order. All offers are subject to availability and while stocks last, and AtoZ is not liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any promotion offer or any failure or inability of a customer or household to participate in a promotional offer or utilise any code for any purpose.
8. Use of this Website
8.1 We reserve the right at our discretion to amend, modify, discontinue or terminate the Website or our services or to modify these Terms. We may amend these Terms from time to time, therefore each time you access the Website or place an order, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently on the date in the heading above or date. When we refer, in these Terms, to “in writing”, this will include e-mail.
8.2 If we modify these Terms, we may post the modification on the Website or provide a notice of the modification. We may also update the “Last Updated Date”. By continuing to access or use the Website or our services after we have posted a modification on the Website or have provided a notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website and our services.
9 Our Liability and General Disclaimer
9.1 Our total liability to you in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise (other than as prohibited by law), shall in no circumstances exceed the lower of the price actually paid to AtoZ for the services for a period of one year or the value of the goods ordered by you in the relevant transaction.
9.2 AtoZ do not in any way exclude or limit our liability for death or personal injury caused by our negligence or for any breach of the terms of the Consumer Rights Act 2015 or any applicable legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which cannot be excluded.
9.3 All other warranties of any kind, including, but not limited to, the implied warranties of fitness for a particular purpose, are disclaimed.
9.4 AtoZ will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our Website, or use of or reliance on any content displayed on our Website. AtoZ shall not be liable for any damages whatsoever, regardless of how they arise; in particular, we shall not be liable for: special damages, indirect damages, consequential damages, incidental damages, damages for lost profits, loss of revenue, loss of use arising out of use of this Website, the effects of which may arise in contract, negligence, tort, under statute, in equity or at law.
10. Mock exams
10.1 Mock exams may be organised and managed by AtoZ. Information such as the day, date, time, venue and duration of each mock exam are usually displayed and found on the Website. Nothing physical will be sent to you upon booking, but you will receive an order confirmation email – if this does not reach you within a minimum of 24 hours, email firstname.lastname@example.org to confirm your order and email address.
10.2 Mock exam bookings cannot be refunded or altered.
Emergency and medical Information
10.3 You must disclose any medical condition or issues regarding your child that may arise during a mock exam. You must provide a valid emergency contact number for each student, when undergoing the booking process, which will be used in the event of any emergency related to your child. It is your responsibility to make sure that the given number is correct and relevant to the day of the exam – you must update us, therefore, if this information is altered.
Communication and feedback
10.4 Add email@example.com to your email safelist so that communication does end up in your junk folder.
10.5 AtoZ cannot guarantee that the results your child or student achieves on the mock exam papers are wholly indicative of the results that they will achieve in their real exams.
11 Making a Complaint
AtoZ aims to resolve disputes as soon as they arise through its complaints handling procedure: emails can be sent to firstname.lastname@example.org – alternatively, you can send a letter to the postal address at 20-22 Wenlock Road, London, N1 7GU.
12 Other Important Terms
12.1 AtoZ may transfer our rights and obligations under a contract or these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. We will endeavour notify you by posting on this webpage or directly if this happens.
12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 The contract pursuant to these Terms is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.4 Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
12.5 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.
13 Governing Law and Jurisdiction
13.1 These Terms are governed by the laws of England and Wales. This means that any dispute or claim arising out of or in connection with it or its subject matter or formation will be governed by English law.
13.2 You and AtoZ both irrevocably agree to that the courts of England and Wales will have jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or any contract or its subject matter or formation.