These terms and conditions are the contract between you and onmaths (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
I / We are ONMATHS LIMITED, a company registered in the UK, number 12954385
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms
1. Definitions
| “Consumer” | means any individual who, in connection with this agreement, is acting for a purpose which is outside his business. |
| “Content” | means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you. |
| “onmaths Subscription” | means any service we provide, whether through Our Website or otherwise. It includes the Subscription service we provide as set out on Our Website and in this contract. |
| “Post” | means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly. |
| “Services” | means all of the services available from Our Website, whether free or charged. |
| “Our Website” | means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us.It includes all web pages controlled by us. |
| “Non-invoiced subscriptions” | Subscriptions that are paid for via an online transaction (such as debit card or PayPal) |
| “Invoiced subscriptions” | Subscriptions that are paid for via invoices. These are only used when subscriptions are purchased from a business, such as a school. |
2. Our contract
2.1. These terms and conditions regulate the business relationship between you and us. By buying onmaths Subscription or using Our Website free of charge, you agree to be bound by them.
2.2. We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve.
2.3. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
2.4. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.
2.5. Our contract with you and licence to you last for one month/one year. Any continuation by us or by you after the expiry of one month/one year is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
2.6. For invoiced subscriptions, the contract between us comes into existence only when we write to you to confirm that we agree to provide to you the Service you want.. Your payment does not create a contract. If we decline to provide a Service we shall immediately return your money to your credit card.
2.7. For non-invoiced subscriptions the contract between us comes into existence upon payment.
2.8. If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
2.9. We may change this agreement in any way at any time.
3. Your account and personal information
3.1. When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
4. onmaths Subscription
4.1. Our basic Service is free of charge. You may use it subject to your compliance with the terms of this agreement.
4.2. Details of the cost and benefits of onmaths Subscription are as set out on Our Website. You may subscribe to onmaths Subscription Services at any time.
4.3. If you subscribe to onmaths Subscription as a Consumer, the law provides that you can opt out of your right to the 14 day cancellation period. Of course, we will not accept your subscription request unless you agree to lose your cancellation right.
4.4. You do this by instructing us to allow subscription immediately, or as soon as we can. If you do that, we will give you onmaths Subscription immediately and you lose your right to cancel your order.
4.5. By accepting these terms, you now agree that you are instructing us to give you onmaths Subscription immediately and you understand that, in doing so, you lose your right to cancel your order within 14 days.
4.6. If you give up your right to cancel, that will apply to any renewal of your onmaths Subscription at any time from now.
4.7. Apart from your cancellation right, termination of onmaths Subscription will be regulated by this contract set out in paragraph 15 below.
4.8. You may not transfer your onmaths Subscription to any other person.
4.9. We reserve the right to modify the onmaths Subscription rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the onmaths Subscription after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you join as a member.
5. Prices
5.1. The price payable for Services that you order is clearly set out on Our Website.
5.2. Prices are inclusive of any applicable value added tax or other sales tax.
5.3. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.4. You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
5.5. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
6. Renewal payments for invoiced subscriptions
6.1. For invoiced (annual) subscriptions, at least one week before expiry of the period, for which you have paid, we shall send you a message to your last known email address to tell you that your onmaths Subscription and licence to use the Services is shortly to expire and to invite you to renew. An invoice for the new period will be included.
6.2. At any time before expiry of your onmaths Subscription, you may use contact us by using the “Account” button at the top right of Our Website to cancel renewal.
6.3. At expiry of your onmaths Subscription we shall expect payment on the invoice sent earlier and shall confirm the renewal of your onmaths Subscription for a further period by sending you an email message.
6.4. Other than any statutory limitations onmaths Subscription is non-refundable and non-transferable.
7. Renewal payments for non-invoiced subscriptions
7.1. For non-invoiced (annual) subscriptions, at least one week before expiry of the period, for which you have paid, we shall send you a message to your last known email address to tell you that your onmaths Subscription and licence to use the Services is shortly to expire and will renew.
7.2. For non-invoiced (monthly) subscriptions, we shall not send you any communications regarding renewal and the process will occur automatically, unless cancelled.
7.3. At any time before expiry of your onmaths Subscription, you may use the “Account” button at the top right of Our Website to access your personal information and cancel renewal.
7.4. At expiry of your onmaths Subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your onmaths Subscription for a further period by sending you an email message.
7.5. Other than any statutory limitations onmaths Subscription is non-refundable and non-transferable.
8. Security of your credit card
We take care to make Our Website safe for you to use.
8.1. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
9. Restrictions on what you may Post to Our Website
9.1. We may, at our discretion, read, assess, review or moderate any Content Posted on Our Website. If we do, we need not to notify you or give you a reason.
9.2. You agree that you will not use or allow anyone else to use Our Website to Post a Content which is or may:
9.2.1 be malicious or defamatory;
9.2.2 consist in commercial audio, video or music files;
9.2.3 be obscene, offensive, threatening or violent;
9.2.4 be sexually explicit or pornographic;
9.2.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
9.2.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
9.2.7 solicit passwords or personal information from anyone;
9.2.8 be used to sell any goods or services or for any other commercial use;
9.2.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
9.2.10 link to any of the material specified above, in this paragraph.
9.2.11 Post excessive or repeated off-topic messages to any forum or group;
9.2.12 sending age-inappropriate communications.
10. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
10.1. hyperlinks, other than those specifically authorized by us;
10.2. keywords or words repeated, which are irrelevant to the Content Posted.
10.3. the name, logo or trademark of any organisation other than that of you or your client.
10.4. inaccurate, false, or misleading information.
11. How we handle your Content
11.1. Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at https://www.onmaths.com/privacy-policy-and-gdpr/
11.2. If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control over who sees it or what anyone does with it.
11.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
11.4. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
11.5. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
11.6. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
11.7. Please notify us of any security breach or unauthorised use of your account.
12. Removal of offensive Content
12.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
12.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
12.3. If you are offended by any Content, the following procedure applies:
12.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email;
12.3.2 we shall remove the offending Content as soon as we are reasonably able;
12.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
12.3.4 we may re-instate the Content about which you have complained or not.
12.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
12.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
13. Security of Our Website
13.1. If you violate Our Website, we shall take legal action against you.
13.2. You now agree that you will not, and will not allow any other person to:
13.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
13.2.2 link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
13.2.3 download any part of Our Website, without our express written consent;
13.2.4 collect or use any product listings, descriptions, or prices;
13.2.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
13.2.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
13.2.7 share with a third party any login credentials to Our Website.
13.3. Despite the above terms, we now grant a licence to you to:
13.3.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
13.3.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
14. Disclaimers and limitation of liability
14.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
14.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
14.3. We make no representation or warranty that the Services will be:
14.3.1 useful to you;
14.3.2 of satisfactory quality;
14.3.3 fit for a particular purpose;
14.3.4 available or accessible, without interruption, or without error;
14.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
14.5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period (annual subscription) OR 1 month period (1 month subscription) for the Services concerned.
14.6. We shall not be liable to you for any loss or expense which is:
14.6.1 indirect or consequential loss; or
14.6.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
14.7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.
14.8. If you become aware of any breach of any term of this agreement by any person, please tell us by the contact form on Our website. We welcome your input but do not guarantee to agree with your judgement.
15. Duration and termination
15.1. This agreement shall operate for the period for which you have subscribed to onmaths Subscription Service.
15.2. You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement by using Our Website. We reserve the right to check the validity of any request to terminate Subscription. We will not refund to you any fees upon a termination.
15.3. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by email.
15.4. Termination by either party shall have the following effects:
15.4.1 your right to use the Services immediately ceases;
15.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party.
15.5. In the event of such termination by us, we will aim to within seven days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed.
15.6. There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.
15.7. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
16. Storage of data
16.1. We assume no responsibility for the deletion or failure to store or deliver email or other messages.
16.2. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
16.3. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
17. Interruption to Services
17.1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
17.2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
17.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
18. Indemnity
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
18.1. any act, neglect or default of yours in connection with this agreement or your use of the Services;
18.2. your breach of this agreement;
18.3. your failure to comply with any law;
18.4. a contractual claim arising from your use of the Services.
19. Dispute resolution
The following terms apply in the event of a dispute between the parties:
19.1. If you are not happy with our services or have any complaint then you must tell us by using the contact form on our website.
19.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.
20. Miscellaneous matters
20.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
20.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
20.3. If you are in breach of any term of this agreement, we may:
20.3.1 terminate your account and refuse access to Our Website;
20.3.2 remove or edit Content, or cancel any order at our discretion;
20.3.3 issue a claim in any court.
20.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
20.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
20.6. Any communication to be served on either of the parties by the other shall be delivered by e-mail.
| It shall be deemed to have been delivered if sent by e-mail to the address from which the receiving party has last sent e-mail:within 24 hours if no notice of non-receipt has been received by the sender. |
20.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
20.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
20.9. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
