General Website Terms and Conditions of Use
Last revised on 01/03/16
These user terms and conditions (“Terms and Conditions”) may be updated by Us from time to time without notice to You. We will post any revisions to these Terms and Conditions on this page and We will also indicate at the top of this page the date that these Terms and Conditions were last revised.
By browsing and using www.teach.symbolsmash.com (the ‘Website’ which shall include the placing of orders and subscriptions), You are agreeing to comply with and be bound by the following Terms and Conditions of use, which govern the relationship between You and SymbolSmash Limited.
Your use of the service or this Website after any revisions have been made constitutes Your acceptance of the new Terms and Conditions. If You do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or this Website. It is Your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to consider such changes.
You should print a copy of these Terms and Conditions for future reference and You should also regularly revisit the Terms and Conditions on the Website for purposes of noting whether or not revisions have been made.
1. Who we are
1.1 SymbolSmash is the trading name of SymbolSmash Limited of 10 Riverview The Embankment, Vale Road, Heaton Mersey, Cheshire, SK4 3GN, United Kingdom. SymbolSmash Limited is registered in England under company no. 08221926. The term “SymbolSmash”, “We” and “Us”, shall mean SymbolSmash Limited, the owner of this Website. The term “You”, “Yourself” and “Your” refers to the user or viewer of this Website.
2. The Services
2.1 SymbolSmash is a provider of high quality, downloadable and printable teaching resources and we call this the ‘Service’. Our resources are primarily distributed through the Website.
2.2 SymbolSmash provides a premium resource service upon payment of a fee as specified on the Website, whereby additional resources dedicated as ‘premium’ may be purchased. We call this the ‘Full Version’.
2.3 We reserve the right to change pricing and or availability in respect of any of the services in this clause for any reason and without notice.
2.4 Symbolsmash is not responsible for non-delivery or technical limitations of the end user for any reason in respect of any of the services in this clause.
3. Member Accounts
3.1 Certain aspects of the Services may require You to register and provide information about your school. You agree to: (a) provide true, accurate, current and complete information about your school as prompted by the relevant registration form contained on the Website (such information being the Registration Data) and (b) maintain and promptly update the Registration Data (by emailing Us) to keep it true, accurate, current and complete and We shall not be liable for any loss suffered by Your non-compliance with this provision.
3.2 The registration processes will involve You providing Us with a school name and a password, and We shall provide You with a designated account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify SymbolSmash of any unauthorised use of Your password or account and any other breach of security, and (b) ensure that You exit from Your account at the end of each session. SymbolSmash cannot and will not be liable for any loss or damage arising from Your failure to comply with this obligation.
4.1 You agree to indemnify, defend and hold SymbolSmash Limited and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation, our Website, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by SymbolSmash Limited.
5. Special warning for international use
5.1 The Website is designed to be compliant with the applicable laws and regulations of the United Kingdom. Due to the global nature of the Internet, users from all over the world will have access to the Website, however if you are resident in a country outside of the United Kingdom you use the Website at your own risk.
6. Content Problems
6.1 If you object to the publication of any material placed in any area of the Website, please let us know by sending an email via the contact form on this website and we will take whatever action we deem appropriate.
7. Modifications to service
7.1 SymbolSmash reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
7.2 You agree that SymbolSmash shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8.1 You agree that SymbolSmash, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Website and/or the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if SymbolSmash Limited believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
8.2 Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not SymbolSmash’s only remedy and SymbolSmash may take any other action we reasonably deem appropriate in connection with such breach.
9. Links to other websites or resources
9.1 The Service may provide links to other websites or resources. As SymbolSmash has no control over these sites and resources, you acknowledge and agree that SymbolSmash is not responsible for the availability of such external sites or resources, and is not responsible or liable for any Content on or available from such sites or resources.
9.2 You acknowledge and agree that SymbolSmash shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. Use of SymbolSmash Resources
10.1 All articles, information and other materials presented on the Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to SymbolSmash Limited. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this Website without SymbolSmash Limited’s written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
11.1 You expressly acknowledge and agree that:
11.1.1 The content of the pages of the Website is for your general information and use only. It is subject to change without notice.
11.1.2 Your use of the Service is at your sole risk. SymbolSmash has made every effort to ensure that the Content on the Website and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Website and the Service are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Website or through the Service or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of SymbolSmash for any errors, omissions or inaccurate information on the Website or available through the Service.
11.1.3 SymbolSmash does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
11.1.4 Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
11.1.5 From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that SymbolSmash endorses the website(s) and SymbolSmash has no responsibility for the content of the linked website(s).
11.1.6 The Content on the Website and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, Content of the Website and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Website or the Service as a substitute for proper professional advice.
11.1.7 SymbolSmash is not responsible for how the Content on the Website or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website or available through the Service. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
11.1.8 Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
11.1.9 No advice or information, whether oral or written, obtained by you from SymbolSmash shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
12. Availability of the Website
12.1 SymbolSmash has an excellent record of uptime and availability of the Website. We do not, however, guarantee that the Website will operate continuously without interruptions or be error free and SymbolSmash therefore accepts no liability for its unavailability.
12.2 You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connection device.
13. Limitations of Liability
13.1 SymbolSmash Limited’s liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Website and/or any Service shall be limited the greater of: (a) £100 and (b) the price paid by you to SymbolSmash Limited under any Contract during the 3 months preceding the event giving rise to the claim.
13.2 You expressly acknowledge and agree that SymbolSmash Limited shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if SymbolSmash Limited has been advised of the possibility of such damage.
13.3 Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of SymbolSmash Limited.
14. Events outside of our Control
14.1 SymbolSmash will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.1.1 Strikes, lock-outs or other industrial action.
14.1.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
14.1.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
14.1.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.1.5 Impossibility of the use of public or private telecommunications networks.
14.1.6 The acts, decrees, legislation, regulations or restrictions of any government.
14.1.7 Viruses and cyber attacks
14.1.8 Power or other failure affecting any part of our servers, premises or any other part of our service
14.2 SymbolSmash Limited’s performance under any Terms and Conditions or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any Contract may be performed despite the Force Majeure Event.
15. SymbolSmash Full Version
15.1 The SymbolSmash premium subscription service, also referred to as the ‘Full Version’, is subject to these Terms and Conditions in an addition the following conditions shall apply to this service:
15.1.1 SymbolSmash makes available the Full Version to You upon payment of a fee as specified from time to time on the Website.
15.1.2 In accordance with the general Terms and Conditions, Your User and Full Version account username and password will not be shared with anyone.
15.1.3 In accordance with our copyright terms, You will not redistribute any resources downloaded through the premium service and You understand that any resources you download from the Website whether through the Premium Service or otherwise are for Your personal use only.
15.1.4 You have explicitly agreed to abide by the SymbolSmash copyright terms
15.1.5 You understand and agree to the Full Version Acceptable Use Policy, as detailed in clause 16.
15.1.6 You agree that a breach of any of the general Terms and Conditions will lead to Your access to the Full Version being immediately suspended. It is at SymbolSmash’s absolute discretion as to whether Your account will be reinstated.
15.1.7 You understand and agree that we will monitor Your usage of the Service to allow us to determine whether a violation has, or is, occurring.
15.1.8 Due to the electronic nature of the subscription, you understand and agree that we are unable to offer refunds under any circumstance.
16. Full Version Acceptable Use Policy
16.1 The Full Version is designed to allow individual users to download additional premium teaching resources for their own needs. Collectively, the SymbolSmash premium collection has taken many thousands of hours to create.
16.2 The Full Version is subject to an acceptable use policy, and user accounts are monitored. SymbolSmash considers that no user would reasonably need to download more than 100 premium resources per calendar month and accounts exceeding this download level are subject to review.
16.3 The Full Version allows the SymbolSmash community to support the hard work of the SymbolSmash staff. As such, any violation of the terms of Clause 15 or 16.2 is taken seriously and the user’s account will be reviewed and may be suspended immediately.
17. Intellectual property
17.1 The contents of the Website is protected by international copyright laws and other intellectual property rights. The owner of these rights is SymbolSmash Limited or other third party licensors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners including us.
17.2 Any material or information downloaded from this Website is subject to Copyright Terms. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from this Website without prior written authorisation from a director of SymbolSmash Limited.
18.1 Unless otherwise expressly stated in these Terms and Conditions, all notices from You to Us must be in writing and sent to our contact address at SymbolSmash Limited of 10 Riverview The Embankment, Vale Road, Heaton Mersey, Cheshire, SK4 3GN, United Kingdom
18.2 Notices from Us to You may be in writing or electronic format (to include both email and notice via the Website).
19.1 If any part of these Terms and Conditions is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
20. Third party rights
20.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
21. Entire agreement
22.1 No delay or failure by SymbolSmash to exercise any of its powers, rights or remedies under this agreement shall operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.
23. Governing law
23.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
23.2 Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales and You hereby consent to this jurisdiction.
24.1 We want to know! If you have any complaints about the Website, we want to hear from you so we can improve our service. Please e-mail us via the contact form and we’ll consider your comments carefully.