Effective from: 13th August 2015
These Terms (defined below) govern your use of Numeracy Ninjas (defined below). They override any other terms and conditions found on the Numeracy Ninjas website.
In consideration of making Numeracy Ninjas available to you, you agree to accept these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
1.1 In these Terms, unless the context otherwise requires, the following expressions shall have the following meanings:
Authorised User means you, the individual who is (as the case may be): (i) a teacher or a member of staff engaged by an Organisation; (ii) a student enrolled at an Organisation; or (iii) the Parent of a student enrolled at an Organisation and “the Authorised User” means the relevant Authorised User.
Fees mean the relevant Product fees payable by the Organisation to access the Product on Numeracy Ninjas.
Intellectual Property Rights mean all patents, rights to inventions, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, database right, topography rights, moral rights, rights in confidential information (including knowhow and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Organisation means the school, college or similar institution or entity engaged in the field of education that is granted access to Numeracy Ninjas by Numeracy Ninjas, and who has purchased the Product from Numeracy Ninjas. For the avoidance of doubt, where an organisation consists of a number of individual entities, branches and/or a federation, each entity, branch or entity within that federation shall be deemed as an individual Organisation unless otherwise agreed in writing by Numeracy Ninjas.
Numeracy Ninjas, we, us, or our means or mean (as the context requires) Numeracy Ninjas, owned by Emeny Learning Limited whose trading address is 31 Quob Farm Close, Southampton, SO30 3HE, United Kingdom.
Parent means a parent or guardian of an Authorised User who is a student.
Personal Data means information about an individual person that can identify that individual person (e.g. name, email address or age).
Product means the Numeracy Ninjas product purchased or downloaded by an Organisation for the use by its Authorised Users which are accessed and used via Numeracy Ninjas.
Product Specific Terms mean the licence and usage terms and conditions relating to the Product.
Software means the software provided by us or our licensors available via the Numeracy Ninjas website.
Terms mean these terms and conditions.
User Materials mean any content and/or materials uploaded onto Numeracy Ninjas by You and/or transferred by You to another Authorised User which are not licensed by Numeracy Ninjas to you.
You or Your means the Organisation and the Authorised Users unless the context requires otherwise in which case, “You” or “Your” will mean the Organisation.
1.1 Headings in these conditions shall not affect their interpretation.
1.2 Words importing any gender shall include any other gender.
1.3 Words importing the singular number shall include the plural number and vice versa including the definitions referred to in Clause 1.1 hereof.
1.4 Where any word or expression is defined in these Terms, the definition shall extend to all grammatical variations and cognate expressions of the word or expression so defined.
1.5 All references to provisions of statutes include such provisions as amended, modified or re-enacted.
1.6 The Organisation shall procure each and every of its Authorised Users to comply with the provisions of these Terms. The Organisation shall be liable for any breach of these Terms by its Authorised Users as though the breach was committed by the Organisation.
2.1. In consideration of the Fees paid by the Organisation to Numeracy Ninjas, Numeracy Ninjas grants to You, a non-exclusive licence to access and use the Product via Numeracy Ninjas during the Licence Period. In this regard, You are entitled to use the Software (in object code form) to access the Product and to use Numeracy Ninjas as part of the Organisation’s internal teaching tools and teaching resources.
2.2. Notwithstanding Clause 2.1, You must not:
2.2.1. attempt to duplicate, modify, disclose or distribute any portion of the Software;
2.2.2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the products available on the Website, except as is allowed by any applicable law which is incapable of exclusion by agreement between Numeracy Ninjas and you;
2.2.3. transfer, temporarily or permanently, any rights or obligations under these Terms; or
2.3. You grant and You shall procure that Your licensors’ grant to Numeracy Ninjas, a perpetual, irrevocable, non-exclusive, sub-licensable licence to use Your User Materials for Numeracy Ninjas’ business purposes including the right to host Your User Materials for You. The foregoing licence includes the right to make copies of Your User Materials, issue copies of User Materials, rent or lend Your User Materials, perform, show or play Your User Materials in public (including over the internet), communicate Your User Materials, and to adapt Your User Materials. In addition, You irrevocably and unconditionally waive in favour of Numeracy Ninjas, all moral rights conferred on You by Chapter IV, Part 1, Copyright Designs and Patents Act 1988 and any other moral rights provided for under the laws now or in force in any part of the world for all Your User Materials which You licence to Numeracy Ninjas. For the avoidance of doubt, this Clause 2.3 shall remain in force even after Your access to Numeracy Ninjas and/or the Product has ceased for any reason.
- ACCESSING NUMERACY NINJAS AND THE PRODUCT
3.1. Your access and use of the Product will be governed by the Product Specific Terms. Without prejudice to the foregoing, You must not:
3.1.1. remove or alter the copyright notices or other means of identification or disclaimers as they appear in the Product;
3.1.2. display or distribute any part of the Product on any electronic network (except your Organisation’s internal network), including without limitation the Internet and the World Wide Web,;
3.1.3. use the Product or any part of the Product for any commercial use other than as teaching and learning resources within the Organisation.
- YOUR OBLIGATIONS
4.1. The Organisation is responsible for the selection of the Product it purchases and whether the Product meets its and its Authorised Users requirements.
4.2. You agree not to make available Your username and/or password to anyone. If there has been a disclosure of Your username and/or password, You agree to notify us promptly of such disclosure, so that we can take appropriate security measures.
4.3. You undertake not to upload any User Materials onto Numeracy Ninjas or send and/or transmit to other Authorised Users, any content which is illegal, obscene, threatening, defamatory, discriminatory, promote illegal or unlawful activity, or be otherwise actionable or in violation of any rules, Intellectual Property Rights, regulations or laws to which such content is subject.
4.4. You are solely responsible for the accuracy, legality, and compliance with the relevant laws and regulations in respect of the content which You send to other Authorised Users and/or the User Materials that You upload onto Numeracy Ninjas. You acknowledge that we do not operate or exercise control over, and accepts no responsibility for the User Materials which You upload onto Numeracy Ninjas or transfer through Numeracy Ninjas.
4.5. If we suspect that a breach of Clauses 4.3, 4.4, 4.8, 4.10 and 8.3 have occurred or is likely to occur, we may, without giving notice and liability to You, remove Your User Materials and/or suspend Your access to Numeracy Ninjas and/or the Product.
4.6. If You are a teacher or an Organisation, You acknowledge that You are solely responsible for the appropriate use and adaptation of the Product for the use by Your student users.
4.7. You agree that You will promptly notify us of any errors or inaccuracies which relate to the Product. In this regards, please contact us using the “contact us” page at www.numeracyninjas.org contact.
4.8. You must not spam, download or upload excessive volume of content onto Numeracy Ninjas such that it may impair the performance of Numeracy Ninjas. You must not introduce any malicious codes or harmful element e.g. virus and Trojans onto Numeracy Ninjas.
4.9. Unless otherwise agreed in writing by Numeracy Ninjas, You are solely responsible for configuring Your computer devices in order to access Numeracy Ninjas and the Product, and to provide for Your own virus protection software.
4.10. You warrant that any Personal Data which You provide to Numeracy Ninjas complies fully with all relevant data protection laws including the Data Protection Act 1998 and You agree to indemnify and keep Numeracy Ninjas indemnified against breach by You of such data protection laws.
4.11. The Organisation agrees to indemnify and keep us indemnified for any losses, damages, fines arising from or which are connected to any breach by it and/or its Authorised Users of Clauses 4.3, 4.4, 4.8, 4.10 and 8.3.
- OUR OBLIGATIONS
5.1. We will:
5.1.1 use all reasonable endeavours to ensure that the Product and User Materials are accessible on Numeracy Ninjas;
- WITHDRAWAL OF PRODUCTS
6.1 We reserve the right at any time to withdraw the Product including any components within the Product (e.g. an activity) for any reason including:
6.1.1 if we no longer retain the right to publish such material; or
6.1.2 if in our sole discretion, we believe that such material may infringe the Intellectual Property Rights of third parties or is defamatory, obscene, unlawful or otherwise objectionable.
6.2 On receipt of the notice referred to in Clause 6.1, the Organisation shall promptly inform its Authorised Users and You agree to immediately cease all use of the withdrawn material and shall comply with our instructions with respect to the deletion and/or removal of such withdrawn material.
- DATA PROTECTION AND PRIVACY
7.1 In the course of You accessing Numeracy Ninjas and the Product, and us complying with our obligations to You, it is necessary for You to provide to us and for us to collect and process Personal Data (e.g. name, email address and school name) from You.
- INTELLECTUAL PROPERTY RIGHTS
8.1 As between You and Numeracy Ninjas, You acknowledge that Numeracy Ninjas and/or Numeracy Ninjas’ licensors own all Intellectual Property Rights in Numeracy Ninjas, the Software and the Product. Except as expressly stated in these Terms and the Product Specific Terms, Numeracy Ninjas does not grant You any rights to or in any Intellectual Property Rights or any other rights or licences.
8.2 You warrant that the User Materials and any use by Numeracy Ninjas of the User Materials under Clause 2.3 will not infringe the Intellectual Property Rights of any third parties.
8.3 If You become aware of any Intellectual Property Rights infringement or potential Intellectual Property Rights Infringement involving Numeracy Ninjas, the Software and/or the Product (e.g. an unauthorised third party is using Numeracy Ninjas or if You get a letter from a third party stating that the Software infringes such third party’s Intellectual Property Rights) You must inform us promptly. We will:
8.3.1 in our absolute discretion, determine what action if any shall be taken in respect of the matter;
8.3.2 have sole control over and shall conduct any action as we deem necessary; and
8.3.3 pay all costs in connection with that action and we shall be entitled to all damages and other sums which may be paid or awarded as a result of any such action. You agree to (at our cost) provide us with any assistance which we may request.
8.4 In the defence or settlement of a claim that Numeracy Ninjas, the Software and/or the Product infringes third party Intellectual Property Rights (‘Infringing Items’), we may at our discretion:
8.4.1 obtain for You the right to continue using the Infringing Items;
8.4.2 replace or modify the Infringing Items with equivalent items so that they become non-infringing; or
8.4.3 if such remedies are not reasonably available, withdraw the Infringing Items and we will refund any of the Fees paid by the Organisation (less a reasonable sum in respect of the Organisation’s and its Authorised Users’ use of the Infringing Items).
8.5 Clauses 8.3 and 8.4 set out Your sole and exclusive rights and remedies, and our entire obligations and liability, for infringement of Intellectual Property Rights.
9.1 Subject to the other provisions in these Terms and to our right to carry out maintenance, during the period when You have access to Numeracy Ninjas, we warrant to the Organisation that we will use reasonable endeavours to ensure that Numeracy Ninjas is available to the Organisation.
9.2 We do not warrant that the use of Numeracy Ninjas and/or the Product will be uninterrupted or error-free. We may also carry out maintenance from time to time.
9.3 The Organisation accepts responsibility for the selection of Numeracy Ninjas and the Product to achieve its intended results.
9.4 Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Numeracy Ninjas, the Product and the Software which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
10.1 This Clause 10 sets out the entire financial liability of Numeracy Ninjas (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to You including those arising from breach of contract, use made by You of Numeracy Ninjas, the Software and/or the Product, and representation, statement or tortious act or omission (including negligence) arising under or in connection with Your use of Numeracy Ninjas, the Software and/or the Product.
10.2 We shall not be liable to You for any:
10.2.1 indirect, consequential and/or special loss or damage;
10.2.2 loss of profit (direct or indirect);
10.2.3 loss of revenue, loss of teaching time or loss of business (in each case whether direct or indirect);
10.2.4 loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct or indirect);
10.2.5 loss of anticipated saving or loss of margin (in each case whether direct or indirect);
10.2.6 wasted management, operational or other time (in each case whether direct or indirect);
10.2.7 loss of any data, content and/or material (in each case, whether direct or indirect);
10.2.8 loss or damage arising out of any failure by us to keep full and up to date back-ups and security copies of any User Materials; and/or
10.2.9 liability of any of the other parties to third parties (whether direct or indirect),
arising out of or in connection with these Terms and/or in connection with Your use of Numeracy Ninjas, the Software and/or the Product, whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused including (without limitation) by negligence and also including (without limitation) any liability arising from a breach of, or a failure to perform or defect or delay in performance of, any of our obligations under these Terms.
10.4 Without prejudice to Clause 10.3, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be £0. You acknowledge that this limitation is reasonable.
10.5 As Product are purchased by the Organisation and made available by the Organisation to its Authorised Users, you as an Authorised User of your Organisation, irrevocably agree not to bring or threaten to bring any claims or proceedings directly against Numeracy Ninjas. Any claims, proceedings, problems, dissatisfaction or issues which you have should be brought or raised directly with your Organisation. If any Authorised Users bring or threaten to bring any claims or proceedings against Numeracy Ninjas, the Organisation shall indemnify and keep Numeracy Ninjas indemnified against any costs, losses, damage and/or expenses incurred by Numeracy Ninjas.
11 TERM AND TERMINATION
11.1 Unless expressly stated otherwise in the Product Specific Terms, you agree that the licence to use the Product shall be indefinite.
11.2 Without prejudice to any rights which have accrued under these Terms, You or Numeracy Ninjas may terminate these Terms if the other party:
11.2.1 is in material breach of any of its obligation under these Terms and if such breach is remediable, fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
11.2.2 is made bankrupt, is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or if the other party ceases or threatens to cease to trade, or if the other party makes an assignment for the benefit of, or a composition with its creditors or other arrangement of similar import or has a receiver, administrative receiver, administrator or a similar officer appointed over all or a substantial part of its assets, or if a petition is passed or an order is made by a court of competent jurisdiction or resolution is passed for the winding up of the other party (other than for the purpose of a bona fide solvent reconstruction or amalgamation) or any similar circumstances arise in any jurisdiction.
12.1 On expiry or termination of these Terms or Your right to use Numeracy Ninjas for any reason and subject to any express provisions set out elsewhere in these Terms:
12.1.1 all outstanding sums payable by the Organisation to Numeracy Ninjas shall immediately become due and payable;
12.1.2 all rights and licences granted to You to use the Software and Numeracy Ninjas to these Terms shall cease; and
12.1.3 You shall, return and/or destroy all copies of the Product and content made available by Numeracy Ninjas to You on Numeracy Ninjas as may be advised by Numeracy Ninjas to You. If requested by Numeracy Ninjas the Organisation will certify to Numeracy Ninjas that this obligation has been complied with by it and its Authorised Users.
12.2 The accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected.
12.3 If your access to the Product ceases, You will no longer be able to access the Product and/or Your User Materials that are associated to that Product and Numeracy Ninjas reserves the right to delete your account and all content associated to your account including where applicable, any Your User Materials.
13 FORCE MAJEURE
13.1 We will have no liability to You if we are prevented from, or are delayed in performing our obligations due to any circumstances and/or reasons which are outside of our control. These circumstances and reasons include strikes, lock-outs or other industrial disputes (whether involving the workforce of Numeracy Ninjas or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, sanctions, accident, breakdown of plant or machinery, fire, flood, storm, default of suppliers or subcontractors and/or non-performance of any services by Numeracy Ninjas’ suppliers, banks or subcontractors.
14.1 If You are unable to access Numeracy Ninjas, You must first ascertain whether the inability to access Numeracy Ninjas is caused by a failure on the part of Your device. If the fault lies with Numeracy Ninjas and not Your device, You must:
14.1.1 where You are an Authorised User which has not been appointed by Your Organisation to act as its nominated representative to interact with Numeracy Ninjas, inform Your Organisation’s nominated representative immediately and he/she will notify Numeracy Ninjas; and
14.1.2 where You are Your Organisation’s nominated representative, contact Numeracy Ninjas promptly using the following details:
14.2 Upon receiving Your nominated representative’s report, Numeracy Ninjas shall use reasonable endeavours to resolve and rectify the problem to allow You to access Numeracy Ninjas.
14.3 Where it is subsequently established that the fault does not lie with Numeracy Ninjas but with Your device or Your internet services, we reserve the right to charge the Organisation a reasonable administrative fee.
15.1 All notices to be given under these Terms shall be in writing and shall either be delivered personally or sent by courier and shall be deemed duly served:
15.1.1 in the case of a notice delivered personally, at the time the same is left at the address of, or handed to a representative of, the party to be served; and
15.1.2 in the case of courier, two clear business days after the date of despatch.
16 GENERAL PROVISIONS
16.1 These Terms constitutes the whole agreement between Numeracy Ninjas and You and supersedes all previous agreements between Numeracy Ninjas and You relating to Your use of Numeracy Ninjas. Nothing in these Terms shall limit or exclude any liability for fraud.
16.2 We may amend these Terms from time to time. It is your responsibility to regularly check these Terms. If You do not wish to accept the changes, You must cease to use the Product immediately.
16.3 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given. No waiver shall be implied by taking or failing to take any other action.
16.4 If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
16.5 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
16.6 To the extent that it is applicable and legally enforceable, in the event of any inconsistencies between the provisions set out in these Terms and those in the terms and conditions governing the purchase of the Product from Numeracy Ninjas, the parties agree that the provisions in these Terms will prevail.
17 GOVERNING LAW AND JURISDICTION
17.1 These Terms and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England.
17.2 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and/or Your use of Numeracy Ninjas and the Software.
17.3 Notwithstanding Clauses 17.1 and 17.2, nothing in these Terms shall limit the right of Numeracy Ninjas to take proceedings against You in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
TERMS & CONDITIONS OF THE ONLINE SHOP
TERMS OF SERVICE
This website is operated by Numeracy Ninjas. Throughout the site, the terms “we”, “us” and “our” refer to Numeracy Ninjas. Numeracy Ninjas offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Numeracy Ninjas, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Numeracy Ninjas and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 31 Quob Farm Close Southampton GB SO30 3HE.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing: With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 – CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com or mailing us at:
31 Quob Farm Close Southampton GB SO30 3HE
SECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 – SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 5 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 – COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 8 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at firstname.lastname@example.org or by mail at
[Re: Privacy Compliance Officer]
31 Quob Farm Close Southampton GB SO30 3HE
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted (if applicable):
Any item not in its original condition, is damaged or missing parts for reasons not due to our error
Any item that is returned more than 30 days after delivery
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and send your item to: 31 Quob Farm Close Southampton GB SO30 3HE.
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
To return your product, you should mail your product to: 31 Quob Farm Close Southampton GB SO30 3HE
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over £25, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.