Terms & Conditions
Before you access or use the on-line version of WordsWorthLearning ©, carefully read the terms and conditions. By using the Courseware you are consenting to be bound by the "Licence" Terms and are becoming "Licencee" of the Courseware. If you do not agree to all of the terms of this Licence, then do not access or use WordsWorthLearning ©.
Background:
This Web Site is operated by WordsWorth Learning Limited, a private limited company registered in Ireland under company number 463956 and whose registered office is at Arra, Gortlandroe, Nenagh, Co. Tipperary, Ireland, E45F827.
This agreement applies between you, the User of this Web Site and WordsWorth Learning Limited, the owner of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
- 1. "Account" means collectively the personal information, payment information and credentials used by Users to access Content and / or any communications System on the Web Site;
- 2. "Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
- 3. "Courseware" means "WordsWorthLearning ©" including all associated Content;
- 4. "Free Stuff" means any Content that is accessible without the payment of a One-Off Fee or Licence Fee;
- 5. "Learning Establishment" means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education or remedial linguistic service providers;
- 6. "WordsWorth" and "wordsworthlearning.com" means WordsWorth Learning Limited, Arra, Gortlandroe, Nenagh, Co. Tipperary, Ireland, E45F827;
- 7. "One-Off Content" means Paid Content limited to WordsWorthLearning © (or any further Paid Content products which WordsWorth Learning Limited notifies you at your Account that you are permitted to use) and also includes access to Content which is not product-specific;
- 8. "One-Off Fee" or "Licence Fee" means a one-off sum of money paid by Users to activate their Account and to enable them to access One-Off Content for a fixed Usage Period;
- 9. "Paid Content" means Content accessible only upon the creation of an Account and the payment of a One-Off Fee or Licence Fee;
- 10. "Service" means collectively any online facilities, tools, applications, services or information that WordsWorth Learning Limited makes available through the Web Site either now or in the future;
- 11. "System" means any online communications infrastructure that WordsWorth Learning Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, forums and email links;
- 12. "Licence Period" Means the period for which a One-off Fee or Licence Fee has been paid to allow access to One-Off Content
- 13. "User" / "Users" means any third party that accesses the Web Site and is not employed by WordsWorth Learning Limited and acting in the course of their employment;
- 14. "Web Site" means the website that you are currently using (www.wordsworthlearning.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
Intellectual Property
- 1. Subject to the exceptions in the Third Party Intellectual Property clause of these Terms and Conditions, all Content included on, and all intellectual property rights in, the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of WordsWorth Learning Limited, or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable Republic of Ireland and International intellectual property and other laws. All such rights are reserved.
- 2. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Copyright & Related Designs Act 2000 (Ireland) or those detailed in the Use of Free Content and Use of Paid Content clauses of these Terms and Conditions apply.
- 3. WordsWorth Learning Limited's status as author (and that of any identified contributors) as the authors of Content must always be acknowledged.
Use of Free Content
You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Web Site for personal or educational purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by WordsWorth Learning Limited.
Specifically you agree that:
- 1. You will not use the Free Content of the Web Site for commercial purposes unless given express written permission to do so by WordsWorth Learning Limited.
- 2. You will not systematically copy Free Content from the Web Site in any circumstances, including, without limitation, with a view to creating or compiling any form of comprehensive collection, compilation, directory or database, unless given express written permission to do otherwise by WordsWorth learning Limited.
- 3. You may, as a student of a recognised Learning Establishment, use the Free Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment.
- 4. Employees of Learning Establishments may use the Free Content of the Website for
teaching purposes subject to the following conditions:
- a. no further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and
- b. for use in profit-making Learning Establishments, the prior written consent of WordsWorth Learning Limited is required. Such establishments may include, but is not limited to, private schools charging fees, universities and adult education providers.
Use of Paid Content
- 1. Payment of a Licence Fee for a product grants you access to Licenced Content on the
Web Site for the corresponding product for the duration of your Licence Period.
Payment of a One-Off Fee for a product grants you a licence to use One-Off Content
on the Web Site for the corresponding product for the duration of your Usage
Period. You may use such Paid Content in the following ways:
- a. for personal purposes; or
- b. as a student only, for educational purposes
- 2. Commercial use of Paid Content is not permitted under the terms of a normal Licence.
- 3. Employees of Learning Establishments are permitted to use Paid Content for Group teaching purposes, subject to special dispensation, where a Licence must be purchased for each participating School Class under the Terms and Conditions of a normal Licence. WordsWorth Learning Limited reserves the right at any time to disable any user identification code or password if in its opinion you have failed to comply with any of these Terms and Conditions.
- 4. Users of Paid Content will be provided with a user identification code and password and you must treat such information as confidential, and you must not disclose it to any third party other than to the extent required for you to legitimately benefit from the Services. WordsWorth Learning Limited reserves the right at any time to disable any user identification code or password if in its opinion you have failed to comply with any of these Terms and Conditions.
- 5. You agree that:
- a. you will not use the Paid Content of the Web Site for commercial purposes unless given express written permission to do so by WordsWorth Learning Limited;
- b. you will not systematically copy Paid Content from the Web Site in any circumstances, including, without limitation, with a view to creating or compiling any form of comprehensive collection, compilation, directory or database, unless given express written permission to do so by WordsWorth Learning Limited; and
- c. you may, as a student of a recognised Learning Establishment, use the Paid Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment.
Third Party Intellectual Property
Where expressly indicated, certain Content and the intellectual property rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by the Use of Free Content and Use of Paid Content clauses of these Terms and Conditions to use Content from the Web Site. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
Links to Other Web Sites
This Web Site may contain links to other sites and these are provided for your information only. Unless expressly stated, these sites are not under the control of WordsWorth Learning Limited or its affiliates. WordsWorth Learning Limited assumes no responsibility for the content of such web sites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
- 1. Those wishing to place a link to this Web Site on other sites may do so only to the
home page of the site www.wordsworthlearning.com without WordsWorth Learning Limited's prior
permission, provided that:
- a. you do so in a way which is fair and legal and does not damage the reputation of WordsWorth Learning Limited or take advantage of it,
- b. you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of WordsWorth Learning Limited where none exists; and
- c. the website you are linking to is owned by you and complies in all material respects with our Privacy Policy.
- 2. Deep linking (i.e. links to specific pages within the site) requires the express permission of WordsWorth Learning Limited. To find out more please contact WordsWorth Learning Limited by email at info@wordsworthlearning.com.
- 3. WordsWorth Learning Limited reserves the right to withdraw linking permission without notice.
Use of Communications Facilities
- 1. When using any System on the Web Site you should do so in accordance with the
following rules:
- a. you must not use obscene or vulgar language;
- b. you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- c. you must not submit Content that is intended to promote or incite violence;
- d. it is advised that posts on message boards, chat facilities or similar and communications with WordsWorth Learning Limited are made using the English language(s) as WordsWorth Learning Limited may be unable to respond to enquiries submitted in any other languages;
- e. you must not post links to other web sites containing any of the above types of Content;
- f. the means by which you identify yourself must not violate these terms of use or any applicable laws;
- g. you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
- h. you must not impersonate other people, particularly employees and representatives of WordsWorth Learning Limited or its affiliates; and
- i. you must not use the System for unauthorised mass-communication such as "spam" or "junk mail";
- 2. You acknowledge that WordsWorth Learning Limited reserves the right to monitor any and all communications made to it or using the System.
- 3. The use of the System and Web Site by a minor is subject to the consent of their parent or guardian.
- 4. You warrant that any communications made by you using the System comply with the terms set out in Use of Communications Facilities Item 1 and agree to indemnify WordsWorth Learning Limited for any breach of such warranty.
- 5. Any material you upload to the Web Site or communications made by you using the System will be considered non-confidential and non-proprietary and WordsWorth Learning Limited has the right to use, copy, distribute and disclose to third parties such material for any purpose. WordsWorth Learning Limited also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Web Site or using the System constitutes a violation of their intellectual property rights or their right to privacy.
- 6. WordsWorth Learning Limited will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User on the Web Site or using the System.
- 7. WordsWorth Learning Limited has the right to remove any material or posting you make on the Web Site or using the System if, in the opinion of WordsWorth Learning Limited, such material does not comply with the obligations set out in Use of Communications Facilities Item 1
Viruses, Hacking and other Offences
- 1. You must not misuse the Web Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Web Site, the server on which the Web Site is stored or any server, computer or database connected to the Web Site. You must not attack the Web Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this term you would commit a criminal offence under the Computer Misuse Act 1990 and WordsWorth Learning Limited will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use the Web Site will cease immediately.
- 2. WordsWorth Learning Limited will not be liable for any loss or damage caused by a distributed denial- of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Web Site or to your downloading of any Content posted on it, or any website linked to it.
Accounts
- 1. In order to access Paid Content on this Web Site and to use the System contact
facilities you are required to create an Account which will contain certain personal
details which may vary based upon the type of Account that you choose. By
continuing to use this Web Site you represent and warrant that:
- a. all information you submit is accurate and truthful; and
- b. you will keep this information accurate and up-to-date.
- 2. Sharing of Accounts is not permitted unless expressly authorised in writing by WordsWorth Learning Limited. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 3. When choosing your Username you are required to adhere to the terms set out above in Use of Communications Facilities. Any failure to do so could result in the suspension and/or deletion of your Account.
One-Off Fees
- 1. One-Off Fees will be charged on the date that you make your purchase. Your credit / debit card will be billed on the date of purchase.
- 2. If you have purchased in error you must inform WordsWorth Learning Limited within 24 hours of purchase and must not use the Web Site or its Content during that time. If any use can be traced to your Account, no refund will be provided.
Termination
- 1. Either WordsWorth Learning Limited or you may terminate your Account and (where relevant) your Licence. If WordsWorth Learning Limited terminates your Account or Licence, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, WordsWorth Learning Limited reserves the right to terminate without giving reasons.
- 2. If WordsWorth Learning Limited terminates your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
- 3. If WordsWorth Learning Limited terminates your Account or Licence for any reason other than your breach of these Terms and Conditions, you will be refunded any remaining balance of your Licence Fee or One-Off Fee as appropriate. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Licence Period or Usage Period and multiplied by the number of days remaining until the end of the Licence Period or Usage Period.
- 4. If WordsWorth Learning Limited terminates your Account or Licence, you will cease to have access to Paid Content from the date of termination.
- 5. If you terminate your Account or Licence, you will continue to have access to Paid Content for the remainder of your Licence Period in accordance with Licences item 3. No refund will be made for any unused portion of the Licence Period if you terminate your Account or Licence.
- 6. Upon termination of your Account or Licence for any reason you must immediately destroy any copies you have made of any Content.
Refund Policy
- 1. Under the Consumer Protection (Distance Selling) Regulations 2000, you are entitled to a cooling off period of 7 working days. If you have changed your mind about your purchase from www.wordsworthlearning.com in this period then please email payments@wordsworthlearning.com stating that you want a refund under the Consumer Protection (Distance Selling) Regulations 2000.
- 2. Please provide your email address, full name and postcode. If you have purchased a subscription, please give your agreement ID if you have it (this would have been emailed to you when your subscription was first set up).
- 3. Providing this is received within 7 working days of your original purchase then we will cancel your purchase and provide a full refund within 30 days. Your account with WordsWorth Learning Limited will be cancelled immediately. No other refunds will be provided.
Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference and WordsWorth Learning Limited processes information about you in accordance with such Privacy Policy. By using the Web Site you consent to such processing. To view the Privacy Policy, please click on the link above.
Disclaimers
- 1. WordsWorth Learning Limited makes no warranty or representation that the Web Site and/ or the Services will meet your requirements, will be of satisfactory quality, will be fit for a particular purpose, will not infringe the rights of third parties, will be compatible with your systems, or that the Web Site will be secure and WordsWorth Learning Limited hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, to the extent permitted by law.
- 2. Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, WordsWorth Learning Limited makes no warranty or representation that this is the case. WordsWorth Learning Limited makes no guarantee of any specific results from the use of the Services.
- 3. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
- 4. Whilst every effort has been made to ensure that all descriptions of services available from WordsWorth Learning Limited correspond to the actual services available, WordsWorth Learning Limited is not responsible for any variations from these descriptions.
Access to and Availability of the Web Site and Changes to Content
- 1. The Service and the Web Site are provided "as is" and on an "as available" basis and WordsWorth Learning Limited reserves the right to withdraw, suspend or amend the Service. WordsWorth Learning Limited will not be liable if for any reason the Web Site is unavailable at any time for any period. WordsWorth Learning Limited aims to update the Web Site regularly and may change the Content at any time.
- 2. WordsWorth Learning Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- 3. You are responsible for making all arrangements necessary for you to have access to the Web Site and are responsible for ensuring that all persons who access the Web Site through your internet connection are aware of these Terms and Conditions and that they comply with them.
Limitation of Liability
- WordsWorth Learning Limited's liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of any breach of these Terms and Conditions by WordsWorth Learning Limited shall be limited to the value of a User's current Licence Fee or One-Off Fee. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein, to the maximum extent permitted by law, WordsWorth Learning Limited accepts no liability. Users should be aware that they use the Web Site and its Content at their own risk.