Additional Terms – Tes Elements (inclusive of Tes SPaG, iBoard, Numbers and Phonics)

last updated
March 7, 2018

Last updated: September 2016

Introduction

These Additional Terms govern your purchase from Tes of a subscription to TES Elements (an "Elements Subscription") from the website: www.tes.com (referred to in these terms as the “Elements Website”) and should be read in conjunction with our General Terms found here.

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) (each of which is also referred to herein as an "Elements Subscription" and each corresponding website as an "Elements Website") until such time as any existing subscriptions expire. Individual subscriptions to Tes SpaG, iBoard, Number and Phonics are no longer available for purchase.

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 (e.g school) subscribing to the Elements Subscription.

What this means

This introduction describes the terms and conditions that apply to the Elements Subscription (as defined below) that you have purchased.

Eligibility

By placing an order for an Elements Subscription on the Elements 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.

What this means

This clause states that you must be 18 years of age to order an Elements Subscription from us.

Your Elements Subscription

Before you begin to use your Elements Subscription, you must open an online account at the Elements Website.  

Your order to purchase an Elements Subscription represents an offer to us to purchase a non-transferable, non-exclusive licence to access, use and download materials from the Elements Website.

If you are contracting as an Institution, you are only permitted to share the materials with your employees up to 25 distinct users .

You are not permitted to copy or modify any materials contained on the Elements 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 Elements Website with any third party; or (ii) use the materials for any commercial purposes.

In using your 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 Elements Website.

What this means

This clause explains the ways in which you may make use of your Elements Subscription.

Placing an order for an Elements Subscription on the Elements Website

Your order represents an offer to us to purchase an Elements Subscription. We will confirm acceptance of your order by sending you an email confirming that the Elements Subscription will now be made available to you. Only at this point has a binding contract been formed between you and us. 

We reserve the right at any time after receipt of your order, up until access to your Elements Subscription is first provided to you, to decline your order for any reason.

What this means

This clause explains what happens when you place an order on the Elements Website and when that order is deemed to have been accepted by us.

Price of your Elements Subscription

The price (inclusive of VAT) of subscribing to the Elements Subscription will be as quoted on the Elements 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 Elements Subscription will take effect on the commencement of any Renewal Term (as defined below) after the price change has been posted on the Elements Website and notified to you in the Renewal Email (as defined below).

If the Elements 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.

What this means

This clause sets out pricing information in respect of the Elements Subscription.

The duration of your Elements Subscription

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 Elements Subscription before the end of the Free Trial, you will automatically subscribe to the Elements Subscription for the Initial Term (as defined below).

Your Elements 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 (or any Renewal Term) reminding you that your Elements 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 Elements 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.

What this means

This clause explains how long your Elements Subscription will last.

Payment

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 you are an Institution, we will invoice you for your Elements Subscription, with payment due within 14 days of receipt of an invoice.

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.

What this means

This clause explains what payment methods you may use.

Terminating your Elements Subscription

Either party may terminate the Elements 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. Elements Subscriptions cannot be terminated by you part way through the Initial Term or Renewal Term.

You may terminate your Elements Subscription by emailing help@tes.com

Nothing in the foregoing shall affect your right to cancel your Elements Subscription during any Free Trial that may apply to your Elements Subscription. However, we reserve the right to limit the number of Free Trials taken up by you consecutively if your Elements Subscription is cancelled during this Free Trial period.

If you have not paid for your Elements Subscription within 14 days of the due date for payment, in addition to the above termination rights, we are entitled to immediately terminate your Elements Subscription.

What this means

This clause explains how you can terminate your Elements Subscription with us.

After your Elements Subscription has been terminated

On termination of your Elements Subscription, you will no longer have access to or be permitted to access the Elements Subscription materials on the Elements Website. In addition, you agree to cease to use any Elements Subscription materials in your possession and destroy all printed and electronic copies of the Elements Subscriptions. 

What this means

This clause explains what happens after your Elements Subscription has been terminated.

Refunds policy

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 help@tes.com stating that you would like to cancel your Elements Subscription and receive a refund.

After the Refund Period, no refunds will be available and you will only be able to terminate your Elements 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 help@tes.com.

What this means

This clause explains the limited circumstances in which we will give you a refund.