Terms & Conditions

Updated to increase school membership prices - 1st January 2024.

Updated to show that individual memberships are now available in order to access some of the resources - 9th March 2023.

Update to reflect deletion of resources and use of service after a membership expires - 1st February 2023.

Update to include phase 1 phonics school or setting membership - 8th November 2022.

Update to increase price to £150 + VAT per year - 28th September 2022.

Update to remove references to individual accounts - 5th May 2022.

Background

(A)  These Terms and Conditions together and any and all other documents set out the terms and conditions on which Paid Content, accessed via Subscriptions, is sold by Us to Consumers through this website, www.timeforphonics.co.uk  (“Our Site”).

(B)   Please read these Terms and Conditions carefully and ensure that You understand them before purchasing a Subscription. If You have any query about anything in these Terms and Conditions or the attachment, please contact Us to discuss on [email protected]. When setting up an Account before purchasing any Subscription, You will be required to read, accept, and agree to comply with and be bound by these Terms of Use and the attachment. If You do not, You will not be able to purchase a Subscription and access Paid Content through Our Site.

(C)   All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:

(i)   are required by law to give to You before You order a Subscription; or

(ii)   voluntarily give to You and You rely on it either when deciding to order a Subscription or when, subsequently, You make any decision about the Subscription.

We give You some of that information before You order a Subscription and some it is set out in these Terms of Use and the attachment.

(D)   Paid Content can be used by a person who is under the age of 18 (a minor) and therefore in that instance, the Account must be set up by, and all Subscriptions must be purchased for them only by the parent or guardian of that person.

(E)   These Terms of Use, as well as any and all Contracts, are in the English language only.

(F)   These Terms of Use apply only to the sale of Paid Content; the terms governing use of Our Site are separate and are set out on our Site under the heading “Terms and Conditions”.

1. Definitions and Interpretation

1.1  In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

"Account" means the account, referred to in Sub-Clause 7.1, that You must set up with Us in order to purchase any Subscription;

"Background Items" means background and other information or materials relating to or forming part of the school subject to be taught, all of which information or materials is downloadable or viewable as text/graphics;

"Consumer" means an individual customer who, as parent or guardian of the Student, purchases any Subscription to Our services comprising any Paid Content which is to be received or used for the Student’s personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;

"Contract" means a contract between Us and You for the purchase of a Subscription for the Student to access any Paid Content, as explained in Clause 7;

"Paid Content" means any digital content (including text, graphics, images, audio, and video)

"School" means any nursery or primary school or special school regardless of whether that School is within the state or private sector.

"Student" means a person who is under the age of 18 (minor) for whom, as parent or guardian, You set up an Account and for whom You purchase any Paid Content for them to access and use;

"Subscription" means a subscription to Our Site purchased by You which provides You with access to Paid Content which You can make available to the Student which comprises either:

(a)   one or more specific single events or items; and/or

(b)   one or more series or collections of two or more specific events or items; and/or

(c)   one or more or all types of events or items available on or via Our Site; and

(d)   the Background Items.

We will give You information about the period of access to (a), (b) and (c) before You purchase the Subscription which will include the information described in Sub-Clause 7.4.6.

Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation;

"Subscription Confirmation" means Our acceptance and confirmation of Your purchase of a Subscription;

"Subscription ID" means the reference number for Your Subscription;

"We/Us/Our" means Mactivity Enterprises Limited, a company registered in England under 10623624, whose registered address is 25-29 Sandy Way Yeadon, Leeds, England, LS19 7EW

"You" means the Consumer who sets up an Account and purchases Subscriptions.

2. Information About Us

2.1  Our Site, www.timeforphonics.co.uk , is owned and operated by Mactivity Enterprises Limited, a company registered in England under 10623624, whose registered address is 25-29 Sandy Way Yeadon, Leeds, England, LS19 7EW

Our VAT number is 263 3465 04.

3. Contacting Us

3.1  If You wish to contact Us with general questions, You may contact Us by email at [email protected].

3.2  To make a complaint, contact [email protected].

4. Age Restriction

4.1  Only if a person is aged at least 18 years of age may they set up an Account or purchase a Subscription through Our Site. However, that person may make access to the Paid Content available to the Student.

5.  Subscriptions, Paid Content, Pricing and Availability

5.1  We offer three forms of subscription to our site:

5.1.1  Schools: purchase of a subscription by a school allows access to the entire suite of games, guides and a scheme of work for up to 40 members of staff. Teaching staff will be provided with an individual log in to Our site to be created by the account administrator at the School. Teaching staff can allow Students to access their account to play the phonics games, but this may only occur whilst in school. Schools are encouraged to add a sub-account with a dummy email address for this.
5.1.2  Phase 1 membership:  purchase of a subscription by a school or setting allows access to the phase 1 planning and resources for up to 40 members of staff. Teaching staff will be provided with an individual log in to Our site to be created by the account administrator at the School.
5.1.3 Individual subscription gives access to everything except for: intervention materials, assessments and on-demand phonics training.

5.2  We may from time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price at least 28 days before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in sub-Clause 13.1.

5.3  Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your and the Student’s use of that Paid Content. However, if any change is made that would affect Your or the Student’s use of the Paid Content, suitable information will be provided to You.

5.4  In some cases, as described in the relevant digital content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform You at least 28 days before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in sub-Clause 13.1.

5.5  Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription for access to the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.

5.6  We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order for a Subscription that You have already placed (please note sub-Clause 6.11 regarding VAT, however).

5.7  All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Subscription at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 10 days, We will treat Your order as cancelled and notify You of this in writing.

5.8  If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 13.4.

5.9  If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.

5.10 If your Subscription has expired or is terminated for any reason, you must take reasonable steps to delete, destroy and make no further use of any downloaded or printed copies of any content provided to you as part of our membership services. In addition, you cannot report that you follow the Time for Phonics programme in your school, whether this be to Ofsted, governors, parents, your academy trust or any other persons or organisation. You must remove any reference to Time for Phonics or the accompanying resources, documents, guides and slides from your school website, phonics/curriculum policy documents and information to parents/governors, and any other interested party.

6. Orders - How Contracts Are Formed

6.1  Our Site will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.

6.2  If, during the order process, You provide Us with incorrect or incomplete information please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.

6.3  No part of Our Site constitutes a contractual offer capable of acceptance.  Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your order does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.

6.4  Subscription Confirmations shall contain the following information:

6.4.1  Your user ID;

6.4.2  Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;

6.4.3  Fully itemised pricing for Your Subscription including, where appropriate, taxes, and other additional charges;

6.4.4  The duration of Your Subscription (including the start date, and the expiry date.

6.5  In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 28 days.

6.6  Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

6.7  Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription

7. Payment for Subscriptions

7.1  Payment for Subscriptions: we accept the following payment method:

BACS

Cheque

Credit/debit card

Schools have 30 days to make payment. However we reserve the right to ask for payment immediately.

7.2  If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content.

7.3  If You believe that We have charged You an incorrect amount, please contact Us  as soon as reasonably possible to let Us know.

8. Provision of Paid Content

8.1  We undertake to make available to You on these Terms of Sale the Paid Content which You subscribe but if You  choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us You will not be entitled to any refund.

8.2  Paid Content appropriate to Your Subscription will be available to You from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract

8.3  In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

8.3.1  To fix technical problems or to make necessary minor technical changes;

8.3.2  To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;

8.3.3  To make more significant changes to the Paid Content, as described above

8.4  If We need to suspend availability of the Paid Content for any of the reasons set out above,  We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). If the suspension lasts (or We tell You that it is going to last) for more than 28 days, You may end the Contract as described below in sub-Clause 13.2.

8.5  Any refunds under this Clause 8 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

8.6  Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Subscription

9. License

9.1  When You purchase a Subscription to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in and use the relevant Paid Content for Your personal, non-commercial purposes for the duration of your subscription only. The licence granted does not give You any rights in Our Paid Content (including any material that We may licence from third parties). You are also requested to make reasonable efforts to delete any downloaded resources, and not access or use any of our materials once your subscription has expired. You also cannot claim to be a Time for Phonics school once your subscription has expired, or if you have an individual membership.

9.2  The licence granted to You under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions:

9.2.1  You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’);

9.2.2  You must not share your login information with anyone else. Students may access the Site account whilst in school, but not at home.

10. Problems with the Paid Content

10.1  By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available through Your Subscription does not comply, please contact Us as soon as reasonably possible to inform Us of the problem..

10.2  If there is a problem with any Paid Content, please contact Us.

11. Cancelling Your Subscription

11.1  The following clauses within this section apply only to Consumer purchasers of content.

11.2  If You are a Consumer in the UK or European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You or the Student accesses (e.g. downloads or streams) Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.

11.3  After the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 12.3 and Clause 13, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.

11.4  If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).

11.5  If You wish to exercise Your right to cancel under this Clause 12, You may inform Us of Your cancellation in any way You wish. Cancellation by email is effective from the date on which You send Us Your message. If You would prefer to contact Us directly to cancel, please use the following details:

11.5.1  Email: [email protected];

in each case, providing Us with Your name, address, email address, telephone number, and User ID.

11.6  Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.

11.7  Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Subscription

11.8 As stated above in 5.10: If your Subscription has expired or is terminated for any reason, you must take reasonable steps to delete, destroy and make no further use of any downloaded or printed copies of any content provided to you as part of our membership services. In addition, you cannot report that you follow the Time for Phonics programme in your school, whether this be to Ofsted, governors, parents, your academy trust or any other persons or organisation. You must remove any reference to Time for Phonics or the accompanying resources, documents, guides and slides from your school website, phonics/curriculum policy documents and information to parents/governors, and any other interested party.

12. Your Other Rights to End the Contract

12.1  If We have suspended availability of the Paid Content for more than 28 days, or We have informed You that We are going to suspend availability for more than 28 days, You may end the Contract immediately, as described in sub-Clause 9.5.  If You end the Contract for this reason, We will issue You with a  refund.

12.2  If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately.  If You end the Contract for this reason, We will issue You with a  refund.

12.3  Refunds under this Clause 13 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription

13. Our Liability to Consumers

13.1  Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You or the Student for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

13.2  We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the Attachment).

14. Complaints and Feedback

14.1  We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

14.2  If You wish to complain about any aspect of Your dealings with Us, please contact Us in the following way:

By email, addressed to at [email protected];

15. How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our privacy policy.

16. Other Important Terms

16.1  We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

16.2  You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.

16.3  The Contract is between You and Us.  No other person shall have any rights to enforce any of its terms.

16.4  If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.

16.5  If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract..

16.6  We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them.

17. Law and Jurisdiction

17.1  These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.

17.2  As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

17.3  As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

Attachment

1. Scope of what We make available to access

We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving our services. However, We may, if You request it and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice to either of you. We do not therefore take on any responsibility or accept any liability to either of you if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing.

We will not be responsible or liable to You or the Student if the Student is unable to access any content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for Tutoring that We have made available to You for the Student. Such causes beyond Our reasonable control may include (but are not limited to):

(a)  Where You or the Student are unable to resolve any technology problem (whether or not either of you have asked Us for or We have offered any suggestions as to how to resolve the problem); or

(b)  Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You or the Student use or rely on;

(c)  Your or the Student’s inability to access the content due to failure of or defects in Our Site etc.

2. Account setup needed

In order to purchase any Subscription and enable the Student to receive any Tutoring, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.

You may not create an Account if You are under 18 years of age.

During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.

You will  be asked for additional information regarding Your Account, such as Your e-mail address.

3. Your responsibility for Your Account and its security

You must not share Your Account or Your Account details with anyone except the Student – for school use only. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining and ensuring that the Student maintains the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You or the Student log out from Your Account at the end of each session of the Student’s access of our Site. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

When creating an Account, the information You provide must be accurate and complete

If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.

4. Your privacy and security on each occasion when our Site is accessed

Note that any access You purchase will be accessible only to the Student as an individual private session.

5. Health and Safety

You acknowledge and agree, and will ensure that the Student acknowledges and agrees that:

(a)  Certain particular sessions or a series of sessions may be unsuitable for the Student if they have special needs, or any mental or physical health problem or condition, depending on the needs, problem or condition concerned;