Terms & Condition
Please read the terms and conditions (“Terms”) carefully. These
Terms govern your use of “EduBana” (the “Service” or "Website")
located at the website www.EduBana.com (and any other website or application
operated by EduBana Limited).
In these Terms, the terms “the Company”, “we”, “us” and “our”
means EduBana Limited (a company incorporated in England and Wales with the
registered company number 13455993 and registered office at 161 Brigstock Road,
Thornton Heath, Surrey, UK – CR7 7JP. The terms “you” or “your” means you as a
user of EduBana.
Please read the Terms carefully as they affect your rights and
liabilities under the law. If you do not agree to these Terms, please do not
use the Service or become a registered user of the Service
("Member").
Please
note that these Terms do not affect your statutory rights.
1. Your Contract
Your contract is with EduBana Limited (details above), trading
as EduBana.com. Our principal place of business is at
161 Brigstock Road, Thornton Heath, Surrey, UK – CR7 7JP and our email address is
If you use the EduBana Service via the Company’s apps on Apple’s
iOS or Google’s Android (together the ‘Apps’), you have downloaded the Apps
from the app store of a third party and the general terms and conditions and/or
terms of use of the app store will apply in addition to these general terms and
conditions. Please be sure to review the terms of use that apply in your
country.
In
the event of any conflicts, these Terms will prevail.
2. Your Obligations to us
When you use the Service you agree to abide by these Terms and
Conditions. If you are a Parent, you also confirm you consent to the
processing of your child’s data in accordance with our Privacy and Cookie
Policy. If you are an Educator, you confirm that you have the consent of the
child’s parent or legal guardian to the processing of the child’s data in
accordance with our Privacy and Cookie Policy.
3. Intellectual Property
The content on the Service is owned by EduBana Limited and is
protected by copyright, trademarks, database and other intellectual property
rights. You may retrieve and display the content on the Service on a computer
screen or print one copy of such content for your own personal, non-commercial
use, provided you keep intact all and any copyright and proprietary notices.
You may not reproduce, modify, copy or distribute or use for commercial purposes
any of the materials or content on EduBana without written permission from EduBana
Limited. Making unauthorised copies of content found on the Service may result
in the termination of your membership and further legal action. If in doubt you
should consult
4. Use of EduBana
You will be able to access some areas of EduBana without
registering as a registered user of the Service. However, by accessing any part
of EduBana you agree to be bound by these Terms and, in particular, agree to
the Privacy and Cookie Policy .
5. User types
To register as a Member of EduBana you must be over eighteen
years of age.
There
are 5 types of users of the Service:
- - Paying parent Members (“Parent Member”)
- - Paying tutor, school, teacher or administrator Members (“Educator Member”)
- - Students with access to their student account (“Active Student”)
- - Students without access to their student account (“Inactive Student”)
- - Non-paying parents and teachers (“Free Users”)
To get full access to the Service you must become a Parent
Member or Educator Member (together “Member”).
6. Member Subscription Plans
To register as a Member, you must provide your contact details
(including email address), set a secure password, choose a monthly or annual
plan (a "Subscription Plan") and pay via credit or debit card with
the Company. Educator Members can request to pay by BACS. Our Subscription
Plans are as follows:
- Monthly Subscription (billed every calendar month); and
- Annual Subscription (billed every 12 calendar months).
The Subscription Plan rate is calculated by subject access and
the number of Active Students. For full details visit the pricing
page. All prices are expressed inclusive of any VAT payable unless
otherwise indicated. These prices may be changed from time to time. Once you
have subscribed to a Subscription Plan, this rate will not change unless you
change your Subscription Plan (see paragraph 9 for details). We reserve
the right to vary the Subscription Plan rates at any time.
Please note that if you purchase a subscription through the
Apps, the sale is final, and we will not provide a refund. Your purchase will
be subject to Apple’s and Google’s applicable payment policy, which also may
not provide for refunds.
7. Member Subscription
All Subscription Plans start with an initial payment and
term. This is your "Initial Term". If you choose to pay by
credit or debit card, on the date you become a Member your credit/debit card
will be charged for your Initial Term. You will also be sent a
confirmation by email to your notified email address. You can cancel your
Subscription Plan at anytime during or after your Initial Term. After your
Initial Term you will be charged monthly or yearly (depending on what
Subscription Plan you specified) until your membership is cancelled (your
"Membership Term"). Your Membership Term begins on the next calendar
date after the date on which your Initial Term ends and finishes when your
membership is cancelled.
All credit/debit card payments are processed by Level 1 PCI
compliant payment processing providers. No credit/debit card details are stored
by EduBana Limited.
If you’re an Educator Member and choose to pay by BACS your
Initial Term will start on the date payment is received by the Company.
8. Member Trial
Some
Members are offered a free or paid trial (the "Trial") to the
Service. The Company reserves the right to vary the amount and the Trial length
at any time. For the avoidance of doubt, the Trial is the Initial Term for
those Members on a Trial. For Parent Members the Trial is available only once
to any one person with only one member of a household and for Educator Members
it’s available only once for the education institution. Subsequent trials
by the same person at any address, or by any other person at the same address
are not permitted.
9. Free User access
Users may be offered free access to the Service with restricted
account use. The Company reserves the right to vary the nature and type of the
Service available and remove access to the Service at any time without notice.
For the avoidance of doubt, the Free User access to households is available
only once to any one person with only one member of a household. Free User
access is available to teachers with qualified teacher status who are currently
employed in schools that are recognised schools by the Department for Education
in England, the Welsh Government, Education Scotland and the Department for
Education in Northern Ireland. Eligible teachers may only share access with
students at their school in accordance with the limits set by us from time to
time and not use for any other purpose. Free access is not available to teachers
at any other institutions including for profit institutions.
10. Changing your Subscription Plan
As a Member you may upgrade or downgrade your Subscription Plan
at any time. You can upgrade your account by adding Active Students to
your account or upgrading subject access to the students you already have on
your Subscription Plan. Any increase in your Subscription Plan rate
resulting from an upgrade will take effect immediately being pro-rated to the
remainder of your billing period and your amended for your next billing period
and will continue thereafter until you change or cancel your Subscription Plan.
You can downgrade your account by changing Active Students to Inactive Students
or downgrading Active Students subject access. Any decrease in your
Subscription Plan rate resulting from a downgrade will take affect at your next
billing period and will continue thereafter until you change or cancel your
Subscription Plan.
11. Ending your Subscription Plan
As a Member you may end your Subscription Plan at anytime. You
can cancel your Subscription Plan in your account or by sending us a
cancellation request to
All
cancellation requests must be received by us at least 24 hours prior to the
renewal date of your next billing period. We will attempt to process all
cancellation requests within 24 hours after we receive the request. If you
cancel your membership less than 24 hours prior to the renewal of your
Subscription Plan and you are charged for the next membership period, you
should contact us at
. We reserve
the right not to make any refund in these circumstances. All cancellation
requests must give your first name, last name and EduBana registered email
address and inform us of your intention to cancel. We reserve the right not to
give refunds for any unused Subscription Plan.
Please note that in the case of an App subscription, your
subscription will be subject to Apple’s and Google’s applicable payment policy
and you have the right to withdraw from the respective operator of the app
store. You may cancel your subscription by cancelling automatic renewal of paid
App subscription on Apple and Google in account settings, or according to the
current process outlined by Apple or Google.
12. Cooling off period
In addition to your right to end your Subscription Plan in
accordance with clause 11 of these Terms if you are a consumer in the United
Kingdom or any country that is a member of the European Union, you have a legal
right to cancel your Subscription Plan under the Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013 at any time
until the expiry of the fourteenth (14th) day from the date of payment for the
Initial Term. In the event of cancellation in accordance with this clause
before you have commenced use of the Service, you will receive a full refund of
the price you have paid for the Initial Term. In the event that you cancel in
accordance with this clause once you have commenced use of the Service, you
agree that we have the right to deduct our reasonable charges from any refund.
If the reasonable charges exceed the price you paid for the Initial Term you
will not be eligible for a refund. Reasonable charges include costs associated
with setting up and administering your account. We will process the refund as
soon as possible and, in any case, within fourteen (14) days of the day on
which you gave us notice of cancellation. Cancellation may be made by emailing
us at
or by
sending us the cancellation form available at support.EduBana.com.
13. Educator Members
To register as an Educator Member you must be a verified
teacher, tutor or administrator of an education institution. We reserve the
right to accept or reject your status as a verified Educator Member and the
right to change your status at anytime. If you’re not verified you will not be
able to use the Service as an Educator Member.
14. Changes to Terms and Conditions
We reserve the right, from time to time, with or without notice
to you, to change these Terms and Conditions at our sole discretion. The
Terms and Conditions applicable to your use of the Service will be the version
that is current and displayed on this website as at each date you access this
website (or any other website operated by EduBana Limited). Your use of the
Service after changes are made means that you agree to be bound by such
changes. If you do not wish to accept the new Terms and Conditions you
should not continue to use the Service.
15. Privacy and data collection
Your privacy is important to us. You agree that we may collect,
store and use information about you in accordance with our Privacy & Cookie
Policy. You acknowledge and agree to be bound by the terms of our Privacy &
Cookie Policy. You can find our Privacy & Cookie Policy here.
16. Password and security
If you register to become a Member you will be asked to create a
password. You must keep this password confidential and must not disclose it or
share it with anyone. You will be responsible for all activities that occur
under your password. You can change your password at anytime by logging into your
account and selecting change password. If you have any concerns relating to the
security of your account please contact us at
.
17. Excluded services
The Service does not include the provision of computer or other
necessary equipment to access the site. To use EduBana you will require
Internet connectivity and appropriate telecommunication links. We shall not be
liable for any telephone or other costs that you may incur.
18. Availability of EduBana
Although we aim to offer you the best service possible, we can
make no promise that EduBana will meet your requirements. We cannot guarantee
that the Service will be fault free. If a fault occurs in the service you
should report it to
and we will
attempt to correct the fault as soon as we reasonably can. Your access to EduBana
may be occasionally restricted to allow for repairs, maintenance or the
introduction of new facilities or services. We will attempt to restore the
service as soon as we reasonably can.
19. Cancellation by us
We reserve the right to cancel or restrict your use of the
Service at our discretion. One reason that we may do so is if we
believe that you are in breach of any obligation under these Terms &
Conditions. If we cancel your use of the Service such cancellation would
be immediate and without notice.
20. Disclaimer of Warranties and Limitations on Liability
Nothing
in this clause 20 (Disclaimer of Warranties and Limitations on Liability) or
otherwise in these Terms and Conditions shall exclude or in any way limit the
Company`s liability for:
- fraud;
- death or personal injury caused by its negligence (including negligence as defined in s.65 Consumer Rights Act 2015); or
- liability to the extent the same may not be excluded or limited as a matter of law.
Subject to the provisions of the Consumer Rights Act 2015, the
Service and its contents are provided "as is" and on an "as
available" basis and we make no representations or warranties of any kind
with respect to it, including as to the accuracy, completeness or currency of
the Service and its content. We assume no liability or responsibility for any
errors or omissions in the content of the Service; any incompatibility of the
Service with any or your equipment, software or telecommunications links;
technical complications including errors or interruptions to the Service;
unsuitability, unreliability or inaccuracy of EduBana; inadequacy of EduBana to
meet your requirements. In addition, we do not represent or warrant that the
information accessible via our site is accurate, complete or current. If
we are informed of any inaccuracies in the material on EduBana we will attempt
to correct the inaccuracies as soon as we reasonably can.
In no event shall we, our shareholders, directors, officers, or
employees be liable (jointly or severally), to you or any third party for any
special, incidental, indirect or consequential damages of any kind, or any
damages whatsoever resulting from loss of use, data or profits, whether or not
advised of the possibility of such damage, and on any theory of liability,
arising out of or in connection with the use or performance of this
information. If any applicable authority holds any portion of this clause to be
unenforceable, then liability will be limited to the fullest possible extent
permitted by applicable law.
Subject to this clause our maximum liability to you, (whether in
contract, tort, (including negligence), breach of statutory duty or otherwise),
arising out of or in connection directly or indirectly with your use of the
Service shall not exceed in aggregate the greater of £1 and/or the total amount
paid by you to us in respect of your membership in the month preceding any such
claim.
21. Third Party websites
As a convenience to EduBana customers, EduBana includes links to
other web sites, which are beyond our control. We are not responsible for
content on the Internet or World Wide Web pages on any other site or
publication outside EduBana.
22. Applicable Law
These Terms shall be governed by and construed in accordance
with the laws of England and Wales and any disputes will be decided only by the
English courts.
23. International Use
EduBana Limited makes no promise that materials on EduBana are
appropriate or available for use in locations outside the United Kingdom, and
accessing EduBana from territories where its contents are illegal or unlawful
is prohibited. If you choose to access this site from locations outside the
United Kingdom, you do so on your own initiative and are responsible for
compliance with local laws.
24. Miscellaneous
You
may not assign, sub-license or otherwise transfer any of your rights under
these Terms.
If any provision of these Terms is found to be invalid by any
court having competent jurisdiction, the invalidity of that provision will not
affect the validity of the remaining provisions of these Terms, which shall
remain in full force and effect.
If you breach these Terms and EduBana Limited ignores this, we
will still be entitled to use our rights and remedies at a later date or in any
other situation where you breach the Terms.
EduBana Limited shall not be responsible for any breach of these
Terms and Conditions caused by circumstances beyond our control.
A person who is not a party to these Terms shall have no rights
under the Contract (Rights of Third Parties) Act 1999 to enforce any term of
these Terms and Conditions but this shall not affect any right or remedy of a
third party, which exists or is available apart from that Act.
If you have any queries or complaints, please contact Customer
Services by email at
or by telephone on +44 (0)208 6895220 | +44 (0)79 49873691