Terms And Conditions

Terms and conditions

Welcome to the Classoos.

Thank you for using Classoos, a service that allows you to view, download and use a variety of digital textbooks and other resources.

By accessing the Website and/ or the iOS, Android or Microsoft native applications, School s and End Users (“You”) are accepting and will be bound by the following terms and conditions (“Terms”). “You” means the School  and the End Users.

If you are under 16 years old, you should get the permission of a parent, guardian or teacher before accepting these Terms.  By accepting these Terms, you confirm that you have been given such permission.

Classoos may need to change the Terms from time to time and post any modifications on the Website. You understand and agree that if you use the Service after the date on which the Terms have been changed this use will constitute acceptance of the changed Terms. 

You are entering into a contract with Classoos for the provision of the Service and licenses for the Digital Content that you purchase, rent and, license or use.

The School:

(a)   accepts these Terms for and on behalf of all End Users associated with the School;

(b)   agrees that it shall be responsible for all acts, omissions and conduct of all Authorised Users associated with the School;

(c)   warrants to Classoos and Publishers that it has legally bound all End Users to these Terms to the benefit of Publishers and Classoos; and,

(d)   warrants to Classoos and Publishers all End Users associated with the School are properly and lawfully entitled to use the Service and, without limitation to the generality of the foregoing, the School warrants that it has, or has procured, all rights, licenses, permissions, consents and authorisations as may be necessary for its Authorised Users to use the Service.

 

Definitions

For purposes of these Terms the following definitions shall have the meaning set out below:

“Account” means an online account established when you register with Classoos or when your schools register on behalf of you;

“End User” means students, teachers, members of staff and any other individual, employee, representative or agent of the School who is authorised by the School  to access and use the Service;

“School” means the school, college, organisation, institution, individual or other entity that licences the Service;

“End-User Digital Content Licence” means the licence distributed by Classoos to you, under which you are licensed to use the Digital Content and on the terms and conditions set out in these Terms;

“End User Digital Content Licence Fee” means the fee paid by You of by your School  to Classoos for the licence of a single item of Digital Content for the Licence Period under the terms of a School Digital Content Licence;

“Licence Period” means the licence period for a single item of Digital Content licensed to you and distributed by Classoos:

(a)   may be for a limited period of time (e.g., 1 week, 1 month, 1 year); or

(b)   may be described as either “perpetual” or as a “purchase” (or similar / equivalent term), in which case you may be required to maintain your own account with the DRM Provider in order to continue to access the Digital Content throughout such period,

PROVIDED THAT, in either case, where a School and/or End User ceases to maintain a valid Classoos Books account, access to the relevant Digital Content may (at Classoos’s sole and absolute discretion) no longer be provided;

“Device” means any computer device including but not limited to mobile devices and personal computers;

“Digital Content” means the products and/or digital content including but not limited to digital electronic books listed as available for download or viewing by you through the Service on the Website;

“Digital Rights Management (DRM)” means the system settings on the Digital Content that may restrict burning, copying, distribution, transfer, sharing and/or printing of the Digital Content, such DRM to be provided by Classoos or its licensor;

“Intellectual Property Rights” means patents, trademarks, trade names, design rights, copyright (including rights in computer software and moral rights), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for the grant of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world;

“Publisher’’ means the controller of the Intellectual Property Rights in the Digital Content and who publishes the Digital Content;

“Rights Owner” means any party that owns the Intellectual Property Rights in the Digital Content;

“Classoos” means Classoos UK Ltd. (Company Registration No: 10697597) and whose registered address is Hallswelle House, 1 Hallswelle Road, London, NW11 0DH;

“Service” means the provision by Classoos of Digital Content for access by you in accordance with these Terms;

“Trademarks” means the trademarks, logos, and service marks displayed on the Website and which are owned by Classoos, Publishers, Rights Owners and third parties and the Website addresses owned by Classoos, Publishers, Rights Owners and third parties; and

“Website” means the Internet website(s) operated by Classoos that provide you with access to Digital Content. 

 

Licence of Service

Classoos grants to you a non-transferable and non-exclusive licence to use the Service made available by Classoos in accordance with these Terms.

The Service may allow you to search the Digital Content by title, category, author, keyword, or other appropriate means.

The Digital Content and Service made available to you is the subject of copyright protection.

The Rights Owner retains the ownership of the Digital Content. Classoos retains ownership of the Service.

Classoos shall have the right to suspend, modify, or discontinue the Service at any time without notice or liability for Classoos.

You acknowledge that the Service may not be available in all territories.

 

Usage Requirements

To use the Service and to access and download Digital Content that you purchase, and that you have purchased in the past, you will need to have the following:

    1. a compatible Device;
    2. working Internet access (for the initial download only); and
    3. a valid Classoos’ account and relevant mobile Classoos application.

You may also need to install updates to the Service that Classoos introduces from time to time in order to use the Service and to access and download Digital Content you purchase and that you have purchased in the past. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. Your ability to use the Service, to purchase Digital Content, and the performance of the Service and Digital Content may be affected by these requirements. It is your responsibility to make sure you have all those requirements in place before you make a purchase and whenever you want to access the Digital Content that you have purchased.

 

School Digital Content Licence

You acknowledge that Classoos is selling you a licence to use the Digital Content made available through the Service.  Once purchased from Classoos, that licence forms a binding agreement directly between you and Classoos governing your use of that Digital Content.  For the avoidance of doubt, while the licence is between you and Classoos, nothing in these terms and conditions affects any rights that the Publisher or any Rights Owner may have against you under applicable law in relation to its or their intellectual property and/or other rights in any of the Digital Content.

You acknowledge that Digital Content is or may be subject to territorial restrictions.  In particular, You may purchase a School Digital Content Licence in relation to Digital Content only from within the country in which you have established your account.  You acknowledge that it may not be possible to access such Digital Content from outside of that territory.  Classoos may use technologies to verify the geographic location of You (either on establishing your account, when making purchases and/or accessing items).

To the fullest extent permitted by law the material and information in the Digital Content is provided on an “AS IS” BASIS AND without any guarantees, conditions or warranties as to accuracy, usefulness, correctness, reliability, SUITABILITY AND/OR comprehensiveness of any content contained on any Digital Content. 

In consideration of the payment of the Digital Content Licence Fee to Classoos, Classoos hereby grants to you, subject to the restrictions set out in these Terms, the right to view, download, display and use Digital Content on Devices.

User Licence: A licence for the Digital Content to be used by you for the Licence Period.  Once allocated to you, the Digital Content may not be allocated to a different End User on the same Single User Licence.

 

Except as stated above, you may not:

remove, obscure or later alter any copyright notice, watermark or trade mark or other proprietary notice; or

use the Digital Content other than for non-commercial use; or

reproduce, distribute, print, display, modify, alter, adapt, decompile, reverse engineer, publish (including making accessible by any type of broadcast or transmission), exploit, transfer or transmit, sublicense or rent in any form, or by any means the Digital Content.

You may not extract and/or re-utilise parts of the content of Digital Content. In particular, you may not utilise any of Classoos’ e-reader functionality, data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Digital Content, without our express written consent.

In no circumstances may you tamper with, alter in any way, or delete any digital rights management protection that is part of the Digital Content.

You agree and acknowledge that at the end of the Licence Period all rights to access the Digital Content shall expire and terminate.

You acknowledge and agree that Classoos may place limits on the number of Devices and/or software applications that you may use to access Digital Content and that such limits may be set by Classoos at any time at Classoos’s discretion. You acknowledge and agree that Classoos may record and store the unique device identifier numbers of Devices in order to enforce such limits.

If Classoos, the Publisher or the Rights Owner loses the rights to provide you with any Digital Content, Classoos will cease providing such Digital Content and you may lose the ability to use such Digital Content. 

 

Accounts

To use Digital Content from Classoos you will need to have an Account.  You or your School shall provide such information as Classoos may request in order to verify Your identity or other relevant details and this shall apply both on initial set-up of Your Account and at any time thereafter.  If You fail to provide any such information when requested, Classoos reserves the right, in its absolute discretion, to immediately cancel access to the Service and/or Digital Content.

You should not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Classoos of any security breach of your Account. Classoos shall not be responsible for any losses arising out of the unauthorised use of your Account. 

In order to purchase or licence and download Digital Content from the Service, you must enter your Classoos ID and password to authenticate your Account. Classoos may limit access to the Service to specific time periods after which authentication may have to be renewed.

You may not access nor attempt to access an Account that you are not authorised to access.

 

Prices and Payment

Prices and availability of any Digital Content are subject to change at any time.  Prices for Digital Content shall be in Pounds Sterling (£GBP) and will be displayed exclusive of any VAT or other applicable sales taxes (see further below).  Classoos tries hard to make sure there are no pricing mistakes.  However, Classoos will not be bound by mistakes in the price of the Digital Content.  Classoos does not provide price protection or refunds in the event of a price reduction or promotional offering subsequent to purchase.

You are responsible for the timely payment of all fees and for providing valid account and other details necessary, as requested, to process payments.

 

Electronic Communications

When you visit the Website or send e-mails to Classoos, you are communicating with Classoos electronically. Classoos communicates with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that Classoos provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

Security

You must respect the Digital Rights Management settings on the Digital Content as designated by Classoos and third parties. In the event Classoos is aware of attempts by you to circumvent such DRM protections Classoos shall, at its sole discretion, be permitted to temporarily suspend and/or permanently terminate your access to the Service and the Digital Content.

You must take reasonable steps to prevent unwarranted intrusion into data managed or maintained by Classoos on your behalf acquired in the course of the operation of the Service. This includes reasonable steps to protect your password and access to the administrative website for management of the Service.

In the event Classoos or a Rights Owner determines that you are violating these Terms, Classoos reserves the right to suspend or terminate your ability to use the Service and to use Digital Content. You may also be liable to Classoos under the indemnity you provide to us in these Terms.

 

Appropriate Use of the Service and Digital Content

Where You takes any action (e.g., making annotations, adding comments or overlays, linking to or attaching other items such as websites or other files) in relation to the Service and/or any Digital Content, You shall be fully responsible for ensuring that all such items are appropriate (e.g., do not contain viruses, are not obscene or offensive), legal, lawful, not harmful in any way and do not infringe any rights (of any kind) of any third party.  Any such action must also be in accordance with the other terms and conditions set out in these Terms.

 

Disclaimer of Warranty, Limitation of Liability and Indemnity

Classoos will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the Service, or a contract for the sale of goods by us to you was formed.  Classoos does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

In no event shall Classoos’s liability under this Terms, at law or otherwise, exceed the total amount received by Classoos from you up to the time the cause of action giving rise to such liability occurred.

You agree to indemnify and hold harmless Classoos and the Publishers and their respective officers, employees, agents, business partners, licensors and licensees from any damages, liabilities, costs and expenses (including reasonable legal fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defence or settlement thereof, arising in connection with your misuse or abuse of the Service. 

Classoos neither endorses nor is responsible for the accuracy or reliability of information on Websites or Digital Content made by anyone other than authorised Classoos employees acting in their official capacities.

 

Technical Support Services

Technical support will be provided to you by your organisation.

 

Copyright, Trademarks and other Intellectual Property Rights

All Trademarks not owned by Classoos are the property of their respective owners and, insofar as Classoos is aware, are used with permission. Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any right or licence for you to use any Trademarks. 

You acknowledge that any and all of the copyright, trademarks, trade names and other Intellectual Property Rights subsisting in or used in connection with the Service including but not limited to all Digital Content and Intellectual Property Rights incorporated into the Service shall, other than in respect of third party content, remain the sole property of Classoos. You agree to immediately notify Classoos of any actual or suspected infringement and you also agree not to use any of Classoos’s trademarks as any part of the name under which Classoos conducts its business.

  

Privacy

The Privacy Policy of your School will apply to this Agreement.

 

Notices of Claimed Copyright Infringement

Classoos’s Information Security Officer (ISO) is authorised to receive notifications of claims of copyright infringement regarding materials available or accessible on, through, or in connection with the Service or Website. Any person authorised to act for a copyright owner may notify us of such claims by contacting the Company Secretary as follows: info@classoos.com. In contacting the Company ISO, the contacting person must provide all relevant information.

 

Termination

Classoos shall have the right to terminate your right to access and use the Service and Digital Content on notice. On termination you shall make no further use of all or any part of the Service. You shall have the right to use the Digital Content until the end of the relevant School Digital Content Licence Period and, thereafter, must destroy all copies of Digital Content that you use.

You do not have the right to terminate use of the Service while there is an unexpired School Digital Content Licence Period.

  

General Provisions

These Terms will be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.

Neither Classoos nor its licensors will be liable or deemed to be in default for any delays or failure in performance resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, rain, fire, flood, accidents, earthquake(s), strikes or labour shortages, transportation facilities shortages or failures of equipment, or failures of the Internet.

In the event that any of these terms and conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms, condition or provisions shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

You shall not assign or otherwise transfer all or any part of these Terms or any licence without the prior written consent of Classoos. 

Failure or neglect by either party to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of that party’s rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice that party’s rights to take subsequent action.

These Terms constitute the entire Terms and understanding of the parties.

These Terms shall be binding and inure to the benefit of the parties hereto and their respective successors.

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