Additional Terms – TES Elements (inclusive of TES SPaG, iBoard, Numbers and Phonics )
[Last updated: [●] 2016]
This introduction describes the terms and conditions that apply to the Elements Subscriptions (as defined below) that you have purchased.
These Additional Terms govern your purchase of a subscription to TES Elements from the www.tes.com website (the “Website”) (the "Elements Subscription”), and should be read in conjunction with our General Terms found here: www.tes.com/content/terms-and-conditions.
These Additional Terms also apply to existing subscriptions to each of TES SpaG (www.tesspag.com), TES iBoard (www.tesiboard.co.uk), TES Number (www.tesnumber.com) and TES Phonics (www.tesphonics.com) (also referred to herein as the "Elements Subscription") until such time as any existing subscriptions expire. Individual subscriptions to TES SpaG, iBoard, Number and Phonics are no longer available for purchase, and all new subscriptions will be for TES Elements only.
Please read both these Additional Terms and the General Terms carefully before you purchase an Elements Subscription. By purchasing an Elements Subscription, you confirm that you accept the General Terms and these Additional Terms and that you agree to comply with them. Capitalised terms used but not otherwise defined in these Additional Terms have the meaning given to them in the General Terms.
These Additional Terms and the General Terms (and any additional agreements referred to or contemplated in each of the foregoing) represent the entire agreement between us and you. In the event of a conflict between the General Terms and the Additional Terms, these Additional Terms shall prevail over the General Terms.
Without prejudice to our powers under the General Terms, you agree that we may at our sole discretion, without notice to you, terminate or amend the General Terms or these Additional Terms at any time.
References to "you" and "your" are references to the individual (e.g. teacher) or Institution subscribing to the Elements Subscription.
This clause states that you must be 18 years of age to order an Elements Subscription from us.
By placing an order for an Elements Subscription on a Subscription Website, you warrant that you are (i) legally capable of entering into binding contracts; and (ii) over the age of 18 years. If we reasonably believe that you are not over the age of 18, we reserve the right to cancel your order.
This clause explains the ways in which you may make use of the Elements Subscription.
Before you begin to use your Elements Subscription, you must open an online account at www. tes.com
Your order to purchase a subscription for an Elements Subscription represents an offer to us to purchase a non-transferable, non-exclusive licence to access, use and download materials from the Website.,.
If you are contracting as an Institution, you are permitted to share the materials only with your employees.
You are not permitted to copy or modify any materials contained on the Subscription Website. In addition to the restrictions set out in the General Terms, you agree not to: (i) share or broadcast any materials contained on the Subscription Websites with any third party; or (ii) use the materials for any commercial purposes.
In using the Elements Subscription you must ensure that you retain on all downloaded materials all copyright and other proprietary notices contained on such materials when accessed by you from the applicable Subscription Website.
Placing an order for an Elements Subscription on the Subscription Websites
This clause explains what happens when you place an order on the Subscription Websites and when that order is deemed to have been accepted by us.
Your order represents an offer to us to purchase a subscription for a Elements Subscription. After placing your order, you will receive an email from us acknowledging receipt of your order and you shall have access to your Elements Subscription. At this point a binding contract been formed between you and TES.
Price of your subscription
This clause sets out pricing information in respect of the Elements Subscription.
The price (inclusive of VAT) of subscribing to theElements Subscription will be as quoted on the Website from time to time, except in the case of obvious error. Prices are liable to change at any time, but changes will not affect existing contracts and orders, which we have accepted in accordance with the process outlined above.
Any change in the price of your subscription will take effect on the commencement of any Renewal Term (as defined below) after the price change has been posted on the relevant Subscription Website and notified to you in the Renewal Email (as defined below).
If the Website contains incorrect information, or the Elements Subscription is listed at an incorrect price, due to typographical errors or an error in pricing information, we shall not be under any obligation to provide you with access to the Elements Subscription 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 Elements Subscription is cancelled, we shall immediately issue a credit or refund in the amount of the incorrect price. Alternatively we will give you the option of reconfirming your order at the correct price.
This clause explains what payment methods you may use.
Payment can be made by credit or debit card. We will deduct the appropriate amount from your credit or debit card or bank account on the commencement of the Initial Term (or shortly thereafter) and on every subsequent anniversary of the Initial Term.
By placing an order, you confirm that the credit or debit card that is being used by you is yours (or that you have the permission of the account holder).
If we have not received payment within five days after the date payment is due, we may temporarily or permanently disable your access to your Elements Subscription and we shall be under no obligation to provide any or all of the services relating to the Elements Subscription while any payments remain unpaid.
If you are an Institution you shall be invoiced for your Elements Subscription, with payment due on receipt. If we have not received payment within 30 days after the date of the invoice, we may temporarily or permanently disable your access to the Elements Subscription and we shall be under no obligation to provide any or all of the services relating to the Elements Subscription while any payments remain unpaid.
The duration of your subscription
This clause explains how long your Elements Subscription will last.
On subscribing to the Elements Subscription you may receive the option of a free "trial period". If a free trial period is available and you choose this option, your free trial will commence on the date we send a confirmation email to you informing you your free trial has commenced and shall [continue for the period specified in the email] (the "Free Trial").
If you have selected a Free Trial, we will send you an email seven days prior to the end of the Free Trial to remind you that unless you cancel your subscription before the end of the Free Trial, you will automatically subscribe to the Elements Subscription for the Initial Term (as defined below).
Your subscription shall commence on the date we send you an email confirming acceptance of your order or following the expiry of a Free Trial (if applicable) and shall continue for the period of time that you selected when you chose your Elements Subscription package (the "Initial Term").
We will send you an email 28 days prior to the expiry of the Initial Term (any any Renewal Term) reminding you that your subscription is due to renew and informing you of any increase in the price (the "Renewal Email").
On expiry of the Initial Term (and on every successive expiry of any Renewal Term) the subscription shall automatically renew for an additional period, which shall be of the same length of time as the Initial Term (each a "Renewal Term"), unless and until terminated in accordance with the following paragraph.
Terminating your subscription
This clause explains how you can terminate your subscription with us.
Either party may terminate the subscription on expiry of the Initial Term or Renewal Term (as appropriate) by giving the other party a minimum of 14 days written notice of termination prior to expiry of the Initial Term or the then current Renewal Term. Subscriptions cannot be terminated by you part way through the Initial Term or Renewal Term.
You may terminate your Elements Subscription by emailing firstname.lastname@example.org.
Nothing in the foregoing shall affect your right to cancel your subscription during any Free Trial that may apply to your subscription. However, we reserve the right to limit the number of Free Trials taken up by you consecutively if subscriptions are cancelled during this Free Trial period.
If you have not paid for your subscription within 30 days of the due date for payment, in addition to the above termination rights, we are entitled to immediately terminate your subscription.
After your subscription has been terminated
This clause explains what happens after your subscription has been terminated.
On termination of your subscription, you will no longer have access to or be permitted to access the Elements Subscriptions through the relevant Subscription Website. In addition, you agree to cease to use any Elements Subscriptions in your possession and destroy all printed and electronic copies of the Elements Subscriptions.
This clause explains the limited circumstances in which we will give you a refund.
If you are contracting as an individual consumer, we will refund you the cost of your Elements Subscription if, within 14 days of: (i) the date on which you were sent an email confirming acceptance of your order; or (ii) the start date of any applicable Renewal Term (the "Refund Period"), you contact email@example.com stating that you would like to cancel your subscription and receive a refund.
After the Refund Period, no refunds will be available and you will only be able to terminate your subscription in the manner set out above.
Notwithstanding the foregoing policy, we may grant refunds in exceptional circumstances at our sole discretion. If you wish to discuss an exceptional refund please contact us on our UK helpdesk contact number +44 (0) 2031943164 or at firstname.lastname@example.org.