Atom Learning is an online learning platform for use in schools and at home.
These Terms of Use tell you the rules on you which you can access and use the Atom Learning website at www.atomlearning.com and app.atomlearning.com.
By using the Atom Learning website you accept these terms
Please read these terms carefully before you use the Atom Learning website or submit your order to us. If you do not agree to these terms, you must not use the Atom Learning website. We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These Terms of Use refer to the following additional terms, which also apply to your use of our website and services:
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Atom Learning website, you consent to such processing and you warrant that all data provided by you is accurate.
Our Legal Statement outlines our copyright and Trademark policy.
Are you a business customer or a consumer?
In some areas you will have different rights under these Terms of Use depending on whether you are a business or consumer. You are a consumer if: you are an individual; or you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Information about us and how to contact us
Who we are
The Atom Learning websites and associated services are operated by Atom Learning Limited (Company no.10867907) of Tagwright House, 35-41 Westland Place, London, N1 7LP.
How to contact us.
You can contact us by telephoning our customer service team at +44 020 4586 7744
and by email at [email protected]
How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Definitions
1.1 In these Terms of Use the following terms shall have the meanings assigned to them below:
"Effective Date" means the date we issue you an email accepting your order for access to the Platform and the Licensed Materials;
"Information" means any and all confidential or proprietary documentation, materials, software, code and information of one Party and disclosed to or otherwise obtained by the other Party in connection with these Terms of Use;
"Intellectual Property" means any and all intellectual property rights including patents, trademarks, design rights, copyright, rights in data and databases, domain names, topography rights, and all similar rights (whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world) together with any and all goodwill relating or attached thereto, the right to apply for registration of and/or register such rights and all extensions and renewals thereof;
"Licensed Materials" means the content available on the Platform which you have purchased access to from us including, text, information, data, practice questions, interactive features, images, audio or video materials in digital form as described in your online account;
"Parties" means you and us and “Party” shall be construed accordingly;
"Platform" means the interactive online platform provided by us to you when you subscribe for access to the Licensed Materials;
"Software" means our software provided as part of the Platform, including any updates and modifications made available from time to time by us;
"Subscription Fees" means the subscription fees payable by you to us for the User Subscriptions as set out in your order form;
"Term" means has the meaning set out in clause 18.1;
"User Subscriptions" means the User subscriptions purchased by which entitle Users to access and use the Platform and the Licensed Materials in accordance with these Terms of Use;
"Users" means the users who are authorised by you to use the Platform and access and use the Licensed Materials;
"Virus" means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;
"Working Day" means any day falling on or between Monday to Friday, excluding all public and bank holidays in England and Wales; and
"you" "your" means means a parent, pupil, teacher, tutor, or any other individual who accesses our website and/or is authorised to use our Platform.
Our Contract with you
2.1 We permit use of the Platform and the Licensed Materials by you on the basis of these Terms of Use. By subscribing, you agree to be bound by the terms of these Terms of Use.
2.2 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between us and you.
Licensed Materials
3.1 Subject to the restrictions and your obligations set out in these Terms of Use, we hereby grant to you a non-transferable, non-exclusive licence to permit the Users to use the Licensed Materials commencing on the Effective Date during the Term. The licence granted to you is strictly limited to use of the Licensed Materials (both in electronic and hard copy form) by Users.
3.2 You shall not grant sub-licences, in whole or in part, of any of the Licensed Materials, and you may not share Licensed Materials with anyone other than Users.
3.3 We may require the removal of, or editorial revisions to, any of the Licensed Materials licensed to you under these Terms of Use at any time.
3.4 Any and all rights in, or in relation to, the Licensed Materials that are not expressly granted to you under these Terms of Use, and any other rights (whether know now, or created later, and whether or not in contemplation of the parties at the time of these Terms of Use) are expressly reserved by us.
3.5 We may require you to cease all use of any of the Licensed Materials if we reasonably believe that your use of this Licensed Materials infringes the Intellectual Property rights of any third party, or breaches any applicable law or regulation. In this instance, we may, at our option either:
(a) provide you with alternative Licensed Materials so as to avoid the infringement; or
(b) terminate these Terms of Use immediately on written notice in respect of the affected Licensed Materials.
Licence to use the Platform
4.1 Subject to the restrictions and your obligations set out in these Terms of Use, we hereby grant to you a non-exclusive, non-transferable right to permit the Users to use the Platform commencing on the Effective Date during the Term.
4.2 Except as may be allowed by any applicable law which is incapable of exclusion by agreement between the Parties, you may not nor permit others to:
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means;
(b) rent, lease, sublicense, sell, assign, pledge, transfer or otherwise dispose of the Software, on a temporary or permanent basis;
(c) translate, reverse engineer, decompile, disassemble, unbundle, modify or create derivative works based on the Software, except as expressly permitted by law;
(d) vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Software, the Platform and the Licensed Materials; or
(e) access all or any part of the Platform and/or the Licensed Materials in order to build a product or service which competes with the Platform and/or the Licensed Materials.
4.3 You undertake to use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and/or the Licensed Materials and, in the event of any such unauthorised access or use, promptly notify us.
4.4 All rights that are not expressly or specifically granted in these Terms of Use are reserved by us.
Users
5.1 In relation to the Users, you undertake that:
(a) you will not allow or suffer any User Subscription to be used by more than one individual User unless it has been reassigned in its entirety to another individual User, in which case the prior User shall no longer have any right to access or use the Platform and/or the Licensed Materials;
(b) each User shall keep a secure password for his use of the Platform and the Licensed Materials;
Provision of the Platform
6.1 We shall use reasonable endeavours to make the Platform and the Licensed Materials available 24 hours a day, seven days a week, except for planned maintenance and unscheduled maintenance.
6.2 We reserve the right at any time to make any modification, change or addition to, or replacement of, the Platform where this is required to conform with any applicable statutory requirements.
6.3 We shall not be liable for any failure to provide the Platform in accordance with these Terms of Use to the extent that such failure is caused directly or indirectly by your negligence or breach of any term of these Terms of Use.
6.4 We do not guarantee that the Atom Learning website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Atom Learning website. You should use your own virus protection software.
Acceptable Use
7.1 You shall not access, store, distribute or transmit any Viruses in your use of the Platform and the Licensed Materials.
7.2 We may from time to time provide interactive services on the Platform. We will use reasonable endeavours to assess any possible risks for users from third parties when they use any interactive service provided on the Platform and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service on the Platform and we expressly exclude all liability for any loss or damage arising from the use of any interactive service by a User in contravention of our content standards, whether the service is moderated or not.
7.3 The following content standards apply to any and all material which you and Users contribute to the Platform and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
7.4 Contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); and comply with applicable law.
7.5 Contributions must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
7.6 We will determine, in our sole discretion, whether there has been a breach of these acceptable use standards through your and/or any User's use of the Platform. When a breach of these standards has occurred, we may take such action as we deem appropriate.
7.7 We have the right to remove any posting you and/or any User makes on the Platform if, in our opinion, your and/or any Users post does not comply with the standards set out above.
Exercising your right to change your mind if you are a consumer
8.1 If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
8.2 Your right as a consumer to change your mind does not apply in respect of digital products after you have started to download, access or stream the product.
8.3 You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading, accessing or streaming. If we make the Platform and/or the Licensed Materials available to you immediately, and you agreed to this, you will not have a right to change your mind.
Third Party Websites and Internet Use
9.1 Where the Platform or any Licensed Materials contain links to other sites and resources provided by third parties, these links are provided for your and the Users' information only. Such links should not be interpreted as approval by us of those linked websites or information you or Users may obtain from them. We have no control over the contents of those sites or resources.
Warranties
10.1 We undertake that the Platform will be provided and the Licensed Materials have been developed using reasonable skill and care.
10.2 The undertaking at clause 10.1 shall not apply to the extent of any non-conformance which is caused by use of the Platform and/or the Licensed Materials contrary to our instructions, or modification or alteration of the Platform and/or the Licensed Materials by any party other than us or our duly authorised contractors or agents. If the Platform and/or the Licensed Materials do not conform with the foregoing undertaking, we will, at our expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Notwithstanding the foregoing, we:
(a) do not warrant that your use of the Platform will be uninterrupted or error-free; or that the Platform, the Licensed Materials and/or any information obtained by you through the Platform will meet the your requirements;
(b) do not suggest or imply that the use of the Platform and/or the Licensed Materials will result in a pass in any exam nor acceptance at any school; and
(c) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Platform and access to the Licensed Materials may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
Your Obligations
11.1 You shall:
(a) only use the Platform and the Licensed Materials in accordance with the terms of these Terms of Use for your own internal purposes;
(b) use the Platform and the Licensed Materials in accordance with our reasonable instructions and any laws, regulations and licenses which may apply to your use of the Platform and the Licensed Materials from time to time;
(c) not change, amend or develop the Licensed Materials without our prior written consent;
(d) not resell the Licensed Materials;
(e) only permit the use of the Platform and the Licensed Materials by Users and shall not permit the use of the Platform or the Licensed Materials by any third party;
(f) ensure that the Licensed Materials once downloaded are kept secure and shall prevent, and take prompt and proper remedial action against, unauthorised access, copying, modification, storage, reproduction, display and distribution of the Licensed Materials;
(g) not and shall procure Users shall not display, upload or input any Licenced Materials to websites or online platforms (your own, public or commercial) without our prior written authorisation;
(h) ensure that the Users use the Platform and the Licensed Materials in accordance with the terms and conditions of these Terms of Use and shall be responsible for any User's breach of these Terms of Use including by ensuring Users do not disclose the Licensed Materials to any third party;
(i) be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet; and
(j) provide us with up-to-date information, co-operation and support as we shall reasonably require pursuant to these Terms of Use.
Charges and Payment
12.1 You shall pay the Subscription Fees to us in accordance with this clause 12.
12.2 Unless otherwise agreed with us, you shall on the date you order access to the Platform and the Licensed Materials provide to us valid, up-to-date and complete credit or debit card details or approved purchase order information acceptable to us and any other valid, up-to-date and complete contact and billing details and, if you provide:
(a) your credit or credit card details to us, you hereby authorises us to bill such credit or debit card on the Effective Date for the Subscription Fee payable in respect of the Term;
(b) your approved purchase order information to us, we shall invoice you on the Effective Date for the Subscription Fees payable in respect of the Term and you shall pay each invoice within 7 days after the date of such invoice.
12.3 All amounts and fees stated in these Terms of Use:
(a) are inclusive of Value Added Tax and any other applicable taxes, duties and assessments which shall be payable by you in the manner prescribed by law;
(b) shall be payable in pounds sterling; and
(c) are non-cancellable and non-refundable.
12.4 If you fail to make any payment due to us by the due date for payment then, without prejudice to our other rights and remedies, we may:
(a) where you are a business customer, charge interest on the overdue amount at four percent (4%) above the official interest rate of the Bank of England. Such interest shall accrue on a daily basis from the due date of payment until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest immediately on demand by us; and/or
(b) suspend your and each User's access to the Platform and the Licensed Materials and/or any other services provided under on in connection with these Terms of Use (or any part of them).
12.5 If you are a business customer you must pay all amounts due to us under these Terms of Use in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).12.6 If you have signed up to a subscription package, at the end of the term length of the package, your subscription package will automatically be rolled onto a monthly subscription at the same monthly rate that you were paying for the subscription package.
12.6 Atom Learning offers various subscription packages for non-business customers, offering a range of price versus flexibility, so that non-business customers have choice:
(a) Monthly rolling subscriptions – for these package types, payment is collected on the date you subscribe, following any free trial period. The subscription continues to roll on a monthly basis until you cancel the subscription.
(b) Annual subscriptions – for these package types, full payment is required upfront for the minimum term length (12 months) following any free trial period. The subscription continues to roll on a monthly basis after the minimum term has expired until you cancel the subscription.
12.7 Customers can cancel a subscription at any time.
(a) The only valid way to cancel a subscription is via the parent portal of the customer who pays for the subscription.
(b) Once a customer has cancelled a subscription, they will not be billed further by Atom Learning for the cancelled subscription.
(c) Once a customer has cancelled their subscription, they will continue to receive access to the Platform for the remainder of the period that they have already paid for.
(d) A customer has no right to any refund of a subscription payment taken before the time that they cancel their subscription. For the avoidance of doubt, if a customer is on a monthly subscription plan and cancels 15 days (of 30 days) into their latest subscription period, the customer will retain access to the Platform for the remaining 15 days still covered by their last payment. They will not be entitled to a refund of any amount of their last payment. Once the remainder of the term length of the subscription is finished, the customer will automatically lose access to the Platform; they will not be charged further.
(e) Atom Learning provides its services on a non-refundable basis. Customers have the right to request a refund of a payment within fourteen (14) days of the payment date. After the expiration of the fourteen 14 day period, no refund requests will be granted under any circumstances. For the avoidance of doubt, a request for refund does not automatically entitle the customer to a refund. Atom Learning will review each request in accordance with its internal policies.
Intellectual Property
13.1 All of our Information and all Intellectual Property and any other rights in the Software and in or arising from the Platform, the Licensed Materials and/or any other services provided under or in connection with these Terms of Use shall be and shall remain at all times our exclusive property or of our licensors and you shall acquire no right, title or interest in or to the same and shall use such items solely as permitted by the terms of these Terms of Use.
13.2 Even if you have subscribed for access to the Platform and the Licensed Materials you still may not save and print downloadable Licensed Materials during the Term. You may not share or distribute any Licensed Materials and you may not share Users’ logins with any other party.Our status (and that of any identified contributors) as the authors of content on the Atom Learning website must always be acknowledged.
Confidentiality
14.1 Subject to the remainder of this Clause 14, neither you nor we shall, without the other Party’s prior written consent, disclose to any third party Information which comes to that Party’s attention pursuant to these Terms of Use. Each Party shall only use the Information of the other Party to exercise its rights and/or perform its obligations under these Terms of Use.
14.2 You agree that we may disclose your Information to any relevant third party to the extent reasonably required by such third party in order to allow provision of the Platform, the Licensed Materials and/or any other services provided under or in connection with these Terms of Use.
14.3 The provisions of Clause 15.1 shall not apply to information which:
(a) is in or comes into the public domain otherwise than by breach of these Terms of Use, except that any compilation of otherwise public information in a form not publically known shall nevertheless be treated as confidential Information;
(b) is in the other Party’s possession prior to the commencement of negotiations for these Terms of Use as shown by written evidence that predates the date of such negotiations;
(c) is or was lawfully received from a third party not under an obligation of confidentiality in respect of the same as shown by written evidence that predates the date of these Terms of Use;
(d) was developed independently of and without reference to the other Party’s Information; or
(e) is required to be disclosed under operation of law, by court order or by any regulatory body of competent jurisdiction (but then only to the extent and for the purpose required), in which case each Party shall promptly notify the other Party of any such disclosure requirement.
14.4 We shall be entitled to publicise that you have licensed use of the Platform and the Licensed Materials from us in our advertising or promotional materials (including in case studies), press releases, tenders, proposal, speeches, articles and other similar materials.
14.5 We shall be entitled to divulge your Information to our employees, agents, directors, officers, authorised sub-contractors, professional advisors and consultants who have a need to know the same in connection with these Terms of Use.
14.6 The restrictions contained in this Clause 15 shall continue to apply after termination or expiry of these Terms of Use without limit in time.
Our responsibility for loss or damage suffered if you are a consumer
15.1 If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the provision of the Platform and the Licensed Materials.
15.3 If you are a consumer we only supply the Platform and Licensed Materials to you for domestic and private use. If you use the products for any commercial or business purpose our liability to you will be limited as set out in clause 16.
16. Liability
16.1 This clause 15 sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:
(a) arising under or in connection with these Terms of Use;
(b) in respect of any use made by you of the Platform, the Licensed Materials and/or any other services provided under or in connection with these Terms of Use or any part of them; and
(c) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms of Use.
16.2 Except as expressly and specifically provided in these Terms of Use:
(a) you assume sole responsibility for results obtained from the use of the Platform and the Licensed Materials by you, and for conclusions drawn from such use;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms of Use; and
(c) the Platform and the Licensed Materials are provided to you on an "as is" basis.
16.3 Nothing in these Terms of Use shall exclude or limit our liability for:
(a) death or personal injury caused by its (or its employees’, agents’ or contractors’) negligence; and
(b) fraud or fraudulent misrepresentation; and
(c) any other liability the exclusion or limitation of which is not permitted by law.
16.4 Subject to clause 17.2 and clause 17.3:
(a) We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any: loss of profits; loss of business; depletion of goodwill and/or similar losses; or loss or corruption of data or information; or pure economic loss; or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms of Use; and
(b) 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 of Use shall be limited to the Subscription Fees payable by you under these Terms of Use during the twelve (12) month period prior to the date the liability first arose or where the liability arises after the expiry or termination of these Terms of Use, to the Subscription Fees payable by you to us in the twelve (12) month period prior to expiry or termination of these Terms of Use.
17. Term and Termination
17.1 These Terms of Use shall, unless otherwise terminated in accordance with these Terms of Use, commence on the Effective Date and for the subscription term selected by you when ordering access to the Platform and Licensed Materials (the "Term").
17.2 A Party shall have the right to terminate these Terms of Use at any time on immediate notice to the other Party in the event that the other Party:
(a) fails to pay any amount due under these Terms of Use on the due date for payment;
(b) commits an irremediable material breach of these Terms of Use, persistently repeats a remediable material breach or commits any remediable material breach and fails to remedy it within fourteen (14) days of receipt of the notice of the breach requiring remedy of the same; or
(c) where the other party is a company, the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) where the other party is a company, the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(e) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under these Terms of Use has been placed in jeopardy.
17.3 We may terminate these Terms of Use (or any part of it) and/or access to the Platform and/or the Licensed Materials (or any part of them):
(a) by serving written notice on you with immediate effect, if termination is required for legal or regulatory reasons;
(b) on serving fourteen (14) days prior written notice to you if we or our third party suppliers no longer operate or provide any or all of the products or services used in relation to the Platform or the Licensed Materials or intends to cease operating or providing any or all of such products or services in the immediate future.
17.4 The termination of these Terms of Use shall be without prejudice to the accrued rights and liabilities of either Party subsisting under these Terms of Use prior to termination.
17.5 We may at our sole discretion suspend immediately the provision of the Platform, access to the Licensed Materials and/or any other services provided under these Terms of Use (or any part of them) until further notice on notifying you either orally (confirming such notification in writing) or in writing if we are entitled to terminate these Terms of Use. Any suspension shall not exclude our right subsequently to terminate these Terms of Use.
18. Consequences of Termination
18.1 Upon termination of these Terms of Use for any reason, you shall:
(a) immediately cease to make use of the Platform and the Licensed Materials;
(b) immediately pay any outstanding sums due under these Terms of Use; and
(c) either return or destroy all of our Information, the Licensed Materials or any document containing part thereof, together with all copies of the Information and the Licensed Materials (including all electronic copies and hard copies) and shall on reasonable request provide written confirmation that such steps have been taken.
18.2 Any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms of Use which existed at or before the date of termination shall not be affected or prejudiced.
18.3 Any terms and conditions forming part of these Terms of Use which are agreed by the Parties to survive termination or which by their nature are to survive termination, shall survive and continue in full force and effect.
19. Force Majeure
19.1 We shall have no liability to you under these Terms of Use if we are prevented from or delayed in performing its obligations under these Terms of Use, or from carrying on our business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
20. Notices
20.1 Notices sent in respect of any matter arising in respect of these Terms of Use shall be in writing and must be sent either by:
(a) first class post; or
(b) delivered by hand; or
(c) email.
20.2 A notice shall be sent or delivered to the address or email address specified by you in your order for access to the Platform and the Licensed Materials. Notice shall be sent by email to [email protected].
20.3 Notice is deemed given:
(a) in the case of hand delivery – at the time the delivery is made;
(b) in the case of posting– two (2) Working Days after the notice is posted;
(c) in the case of email – one (1) Working Day after transmission.
21. General
21.1 You shall not assign, purport to assign or otherwise transfer these Terms of Use and/or any of its obligations thereunder, in whole or in part, without our prior written consent.
21.2 If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking these Terms of Use, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Platform and Licensed Materials, we can still require you to make the payment at a later date.
21.3 Headings in these Terms of Use are for ease of reference only and do not limit the scope of the relevant section.
21.4 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms of Use.
21.5 If any part of these Terms of Use is held unlawful, invalid or unenforceable, that part shall be considered struck out and the remainder of these Terms of Use shall remain in full force and effect. We and you shall work together in good faith to agree an enforceable replacement provision capturing the spirit of the original.
21.6 If you are a business customer, these Terms of Use, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. Each of the parties acknowledges and agrees that in entering into these Terms of Use it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Terms of Use or not) relating to the subject matter of these Terms of Use, other than as expressly set out in these Terms of Use.
21.7 These Terms of Use are between you and us. No other person shall have any rights to enforce any of its terms.
21.8 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These Terms of Use are governed by English law and you can bring legal proceedings in respect of these Terms of Use in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms of Use in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms of Use in either the Northern Irish or the English courts.
21.9 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with these Terms of Use between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
22. Parent Portal referrals: Terms and conditions
22.1 Eligibility: The referral programme is open to all parent users who have an active Atom Home/Nucleus subscription. Parents have two ways to refer other users to Atom Home: Sending an email invite to a first time customer Sharing their personal referral code with first time customers Any first-time customer who creates an Atom Home account via one of the above routes will get a £30 discount on their first monthly payment. Following their friend’s successful registration to Atom Home, the referring parent will also receive £30 off their next payment.
22.2 Referral code use: Parents can use their referral codes to invite friends, family, and personal contacts to Atom Learning. Parents can share their referral codes on social media. Codes are not permitted to be posted on public forums or voucher code websites. Any codes that can be found through organic search for Atom discount codes may be permanently deleted.
22.3 Benefits for referees: The referee (the person using the referral code) is eligible for a £30 discount on their first monthly Atom Home payment.
22.4 Discount discretion: All discounts are issued at Atom Learning's discretion. Atom Learning reserves the right to withhold discounts if deemed necessary.
22.5 Duration: The referral programme is ongoing, but Atom Learning reserves the right to modify or terminate it at any time without prior notice.
22.6 Fraudulent activity: Atom Learning reserves the right to disqualify any individual engaged in fraudulent or suspicious activities related to the referral programme.
22.7 Changes to terms: Atom Learning reserves the right to modify these terms and conditions at any time. Parents are encouraged to review the terms regularly.
*Discount only available on monthly subscriptions.
23. Atom Learning digital download paper tests: Returns policy
23.1 Eligibility for Returns and Refunds: (a) Downloaded Products: Once the digital product has been downloaded, we do not offer refunds. All sales are final upon download.
23.2 Process for Requesting a Refund: (a) Technical Issues: If you experience technical issues that prevent you from downloading or accessing the product, please contact our customer service team at [email protected] for assistance. We will work with you to resolve any issues and ensure you receive your product. We may offer a replacement or refund at our discretion. (b) Accidental Purchase: If you accidentally purchased the wrong product, please contact our customer service team at [email protected] before downloading the file. We may offer a replacement or refund at our discretion.
23.3 Additional Information: (a) Unauthorized Use: Unauthorized use of our digital products is strictly prohibited. If we detect any unauthorized use or distribution of our materials, we reserve the right to deny any refund requests. (b) Contact Information: For any questions or concerns regarding your purchase, please contact our customer service team at [email protected]. We are here to help and ensure you have a positive experience with our products.
23.4 Amendments to This Policy: We reserve the right to amend this Returns Policy at any time. Any changes will be posted on this page, and the effective date will be updated accordingly. It is your responsibility to review this policy periodically to stay informed of any updates. By making a purchase, you acknowledge that you have read, understood, and agreed to our Returns Policy.
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