1.
Introduction <p>1.
These terms of use (together with the other documents referred to in them, which are collectively referred to here as the Terms of Use) tell you the terms on which you or a user on whose behalf you have registered may access the Stairway platform and associated services (together the Service, as further described in section 4 below).
The Service is provided by Sophist Education Limited (Sophist, Stairway, us or we).
We are a limited company registered in England and Wales under company number 11407910 whose registered office is at 86-90 Paul Street, London, EC2A 4NE.
These Terms of Use constitute a legal agreement between Sophist Education Limited and you as an Authorised User (as defined in section 2.1 below) of the Service or (where applicable) as a Guardian (as defined in section 2.2 below).
If you do not agree to abide by these terms of use, you may not access the Service.</p> 2.
Access to the service <p>2.1 Only authorised users of the Service (Authorised Users) may access and use the Service.
In order to become an Authorised User, you must sign up as set out below.</p>
<p>2.2 If you are under the age of 13, you must ask your parent or guardian or other adult with parental responsibility for you (your Guardian) to contact us by email at support@stairwaylearning.com.
We will handle the signing up process from there and your Guardian will take responsibility for your use of the Service in accordance with these Terms of Use.</p>
<p>2.3 If you are over the age of 13, you must:</p>
<ol>
<li>2.3.1 provide the relevant details requested during the log-in process, including your email address, chosen password and date of birth.
and</li>
<li>2.3.2 read and accept the Stairway Privacy Notice and (as applicable) any Acceptable Use Policy.</li>
</ol>
<p>2.4 If you wish to access the Service beyond any free access that may be provided to you from time to time (the Paid Service), you must pay the applicable Service Fees as set out in section 5 below.</p>
<p>2.5 Please note that the Service is a contract for education and is binding on you irrespective of the fact that you may be a minor.</p>
<p>2.6 Authorised Users must be individuals acting in a private capacity.
Stairway is not for business use and Authorised Users may not on-supply the Service to third parties (including by offering tutoring or other online services using the Service or content from the Service) by any method.</p>
<p>2.7 By accepting these Terms of Use as a Guardian of an Authorised User, you are giving a guarantee to be personally liable to us should the Authorised User not comply with these Terms of Use </p>
<p>2.8 On payment of the applicable fees for the Service (the Service Fees), Authorised Users will (subject to earlier termination in accordance with these Terms of Use, in particular section 12) have access to the Paid Service for the applicable subscription period selected by you, calculated from the date on which payment is made.</p>
<p>2.9 You must ensure that any information you give us is true, correct and up to date and you agree that we will not be liable to you for any consequences of you providing inaccurate information.
In addition, you agree that we may terminate your access as an Authorised User without a refund if you do provide incorrect information.
Fake user profiles are not permitted.</p>
<p>2.10 The Service is directed at Authorised Users in the United Kingdom, although it may be accessed globally.
However, wherever you access and use the Service from, you agree that you will only use the Service in a manner consistent with these Terms of Use and any and all applicable local, national and international laws and regulations.
To the extent that your use of the Service is not legal in your territory, you may not use it.</p>
<p>2.11 You are responsible for making all arrangements necessary for you to have access to the Service.</p>
<p>2.12 Please note that your right to change your mind under the Consumer Contracts Regulations 2013 does not apply to the Paid Service, because the Educational Content accessible through the Paid Service is available for immediate viewing and use.</p> 3.
PROTECTION OF AUTHORISED USER ACCOUNT AND PASSWORD <p>3.1 You must treat any Authorised User account log in, username, password or any other piece of information provided as part of our security procedures, as confidential.
You must not disclose it to any third party or authorise others to use your Authorised User account.</p>
<p>3.2 You may not transfer your Authorised User account to any other person or entity.
If you know or suspect that anyone other than you has obtained your username or password and/or has accessed your Authorised User account, you must immediately notify us by sending an email to support@stairwaylearning.com.</p>
<p>3.3 You are responsible for the acts and omissions of any third parties who use your Authorised User identification code or password to access your Authorised User account, whether fraudulent or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.</p>
<p>3.4 We have the right to disable any Authorised User identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.</p> 4.
The Service <p>4.1 The Service consists of access to the Stairway platform and associated services.
The Service includes (subject to paying applicable Service Fees) access to educational content (Educational Content).
and</p>
<p>4.2 On condition of you agreeing to abide by these Terms of Use, we hereby grant you a non-transferable, non-exclusive licence while you remain an Authorised User to access the Service including Educational Content in accordance with these Terms of Use.</p>
<p>4.3 You may access the Service (including Educational Content) solely for your personal use and not for the benefit of any third parties.</p> 5.
Service Fees <p>5.1 You will be notified of the applicable Service Fees (which include applicable VAT) when you sign up as an Authorised User and/or otherwise select the Educational Content that you wish to access (see section 4.1).
The Service Fees will vary depending on the subscription period you select.</p>
<p>5.2 Please note that all Service Fees are non-refundable and any termination of the Service will only take effect at the end of the then-current subscription period.</p>
<p>5.3 We accept payment with all major credit and debit cards via our payment processor Stripe, or via other payment methods made available by us from time to time.
Please note that, by default, subscriptions are set to auto-renew at the end of each subscription period.
If you wish to cancel your subscription to the Service, you must notify us prior to the applicable renewal date in order to avoid billing of the next subscription period’s Service Fees (see section 12.1 below).</p>
<p>5.4 Please note that if you are using another person’s payment card in order to make payment of the Service Fees, you must obtain the cardholder’s permission beforehand.
You must also provide an email address for the cardholder and we will notify the cardholder by email that a payment has been made using their card.</p>
<p>5.5 We must receive payment in full from you before we will provide the Paid Service to you.</p> 6.
Privacy Notice <p>6.1 Our Privacy Notice, available here [include hyperlink], sets out the terms on which we as data controller process any personal data we collect from you or that you provide to us.
This may include, for example, your name, email address and login details.
Our Privacy Notice also incorporates our Cookies Policy available here.</p>
<p>6.2 You warrant that all such data provided by you is accurate to the best of your knowledge.</p> 7.
Acceptable Use Policy <p>7.1 From time to time we may provide functionality (such as discussion or question and answer forums) allowing you to submit comments, questions, information and other content to the Service (Submitted Content).</p>
<p>7.2 You agree to act in accordance with any Acceptable Use Policy that is notified to you in relation to Submitted Content, including at the time you access the applicable functionality.
If you do not comply with any such Acceptable Use Policy, we may take any of the steps set out in section 12 below.</p> 8.
Intellectual Property Rights <p>8.1 We (or our licensors) are the owner or the licensee of all intellectual property rights whatsoever (and wherever existing in the world, together IP Rights) subsisting in or in relation to the Service including but not limited to IP Rights in the Educational Content and any software or content used in the provision of the Service.
All such rights are reserved and you have no rights in, or to, the Service including the Educational Content other than the rights to use it in accordance with these Terms of Use.</p>
<p>8.2 In particular, you acknowledge that the Educational Content is protected by copyright owned by Stairway or its licensors and you agree that you will only access Educational Content for your personal use and will not reproduce, modify, download or distribute Educational Content to third parties, whether in whole or part (and irrespective of whether such Educational Content is provided free of charge or are paid), without our prior written consent.</p>
<p>8.3 You will retain ownership of the copyright subsisting in any Submitted Content and you hereby grant to us (or, as relevant, agrees to procure the grant to us of) a licence to use such Submitted Content in accordance with these Terms of Use including in order to provide the Service.
You also acknowledge and agree that we may (in accordance with our Privacy Notice) use Submitted Content in order to:</p>
<ol>
<li>8.3.1 improve and develop the Service;</li>
<li>8.3.2 suggest new features and Educational Content to you and other Authorised Users;</li>
<li>8.3.3 display it to other Authorised Users.</li>
</ol>
<p>8.4 You are under no obligation to provide feedback, improvements or other suggestions (Feedback) that might improve the Service, however if you do so, you acknowledge that Stairway is free to use such Feedback in any way and that Stairway shall own any and all intellectual property rights subsisting in or arising in relation to such Feedback as it may be incorporated into the Service</p> 9.
Reliance on our service <p>9.1 Whilst we do our best to ensure that the content and information provided to Authorised Users in the course of providing the Service (including but not limited to the Educational Content) is accurate and up to date and (where relevant) compliant with the syllabuses issued by the major examination boards, you acknowledge that:</p>
<ol>
<li>9.1.1 the Service (including the Educational Content) is for general educational, informational and guidance purposes only and is not tailored to any individual Authorised User.
</li>
<li>9.1.2 unless we expressly state otherwise, we make no guarantee that the content and information is correct, complete, relevant, accurate or up-to-date, including that it meets any specific educational requirements such as particular examination board or other syllabuses, and we take no liability in that regard;</li>
<li>9.1.3 you are responsible for ensuring that your use of the Service (including the Educational Content) is appropriate for any particular circumstances relevant to you.
and</li>
<li>9.1.4 any use of or reliance by you on any content and information provided in the course of using the Service (including but not limited to Educational Content) is entirely at your own risk, and we take no responsibility whatsoever for the consequences of such use and in particular no guarantee is made by us that such use will benefit you or provide any particular results in relation to any studies or examinations you may take outside the Service.</li>
</ol> 10.
Limitation of our liability <p>10.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.</p>
<p>10.2 We do not guarantee that the Service will always be available or that access to it will be uninterrupted.
Access to the Service is permitted on a temporary basis.
We may suspend, withdraw or discontinue or any part of the Service without notice.
We will not be liable to you if, for any reason, the Service is unavailable at any time or for any period.</p>
<p>10.3 In relation to the use of the Service:</p>
<ol>
<li>10.3.1 to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service, whether express or implied.
and</li>
<li>10.3.2 subject to these Terms of Use in particular sections 9 and 10.2, we will not be liable for any loss or damage whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with the following:</li>
<ol>
<li>10.3.2.1 loss of profits, sales, business or revenue;</li>
<li>10.3.2.2 loss of agreements or contracts;</li>
<li>10.3.2.3 loss of anticipated savings;</li>
<li>10.3.2.4 loss of opportunity, goodwill or reputation;</li>
<li>10.3.2.5 loss of use or corruption of software, data or information;</li>
<li>10.3.2.6 cost of procurement of substitute goods, services or technology.
or</li>
<li>10.3.2.7 any special, indirect or consequential loss or damage.</li>
</ol>
</ol>
<p>10.4 We use reasonable endeavours to remove bugs or viruses but we do not guarantee that the Service will be secure or free from bugs or viruses.
You should use your own virus protection software.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service.</p>
<p>10.5 Subject to the express provisions elsewhere in these Terms of Use (including but not limited to sections 9 and 10.1 to 10.4) our total liability, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Use including the receipt of the Service shall, in any given 12 month period, be limited to the Service Fees paid for the Service in the 12 month period prior to the date on which the claim arose.</p> 11.
Prohbited Uses of the Service <p>11.1 You may use the Service only for lawful purposes.
You may not use the Service:</p>
<ol>
<li>11.1.1 in any way that breaches any applicable local, national or international law or regulation.
or</li>
<li>11.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.</li>
</ol>
<p>11.2 You also agree:</p>
<ol>
<li>11.2.1 not to (and not to attempt to) modify, copy, disclose, distribute or re-sell any part of the Service (including any software used in the provision of the Service) in contravention of these Terms of Use;</li>
<li>11.2.2 not to impersonate any other Authorised Users.
and</li>
<li>11.2.3 not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other Authorised Users.
(ii) any part of the Service or its security measures.
(iii) any equipment or network on which the Service is stored.
or (iv) any software used in the provision of the Service.</li>
</ol> 12.
CEASING TO BE AN AUTHORISED USER OF Stairway <p>12.1 If you wish to end your subscription to the Service (including the Paid Service), please contact us by email at support@stairwaylearning.com.
Your subscription to the Service will finish at the end of the current subscription period.
Please note that you will not be entitled to receive a refund of any Service Fees paid.
You must notify us prior to the applicable renewal date in order to avoid billing of the next subscription period’s Service Fees.</p>
<p>12.2 We will determine, in our discretion, whether there has been a breach of these Terms of Use.
If such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:</p>
<ol>
<li>12.2.1 immediate, temporary or permanent withdrawal of any relevant Authorised User account and/or the Authorised User’s right to use the Service;</li>
<li>12.2.2 immediate, temporary or permanent removal of any Submitted Content;</li>
<li>12.2.3 the issue of a warning to you and/or your Guardian (as applicable).
and</li>
<li>12.2.4 legal action against you and/or your Guardian (as applicable).</li>
</ol>
<p>12.3 If you cease being an Authorised User for any reason you must immediately cease using the Service and must not attempt to access it.</p> 13.
CHANGES TO THESE TERMS OF USE AND THE SERVICE <p>13.1 ou will be asked to read and accept these Terms of Use at the time you first access the Service.
</p>
<p>13.2 We may revise these Terms of Use at any time and in the event of such a revision, you may be asked to read and accept the revised Terms of Use at the next time you access the Service.</p>
<p>13.3 We may update the Service from time to time, and may change the content and/or functionality provided through the Service at any time.</p>
<p>13.4 No variation to these Terms of Use may be made save by a variation notified by us as described above, or else in writing signed by you and us.</p> 14.
Third Party Rights <p>14.1 A person who is not a party to these Terms of Use shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.</p> 15.
Applicable Law <p>15.1 These Terms of Use, their subject matter and their formation, are governed by English law.
We both agree to the exclusive jurisdiction of the courts of England and Wales.</p> 16.
Trade Marks <p>16.1 “Sophist”, "Stairway", "Stairway Learning", "Stairway Education", and the Stairway Logo are registered trade marks of Sophist Education Limited or its licensors.</p> 17.
Contact Us and Complaints <p>17.1 To contact us, including with any comments or complaints regarding the Service please email support@stairwaylearning.com</p>