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Terms and Conditions

FISHING FOR PHONICS

TERMS AND CONDITIONS (updated June 2023) 

BACKGROUND: 

  1. These terms and conditions govern the supply of our Resources and Paid Content to you. 
  2. Please read these terms and conditions carefully to ensure that you understand them before you submit an order for our Resources and Membership (which provides access to the Paid Content). If you have any questions or queries about these terms and conditions, please contact us (our contact details can be found below).  
  3. Definitions and Interpretation 
    1. Definitions:
“Business Day”a day other than Saturday, Sunday or public holiday in England, when banks in London are open. 
“Contract”the contract between us and you for the sale and purchase of the Resources and/or Membership in accordance with these terms and conditions.
“Membership”the membership referred to in clause 3 that allows you to access the Paid Content. 
“Paid Content”the content which is described on our website and can only be accessed by having a Membership (https://fishingforphonics.co.uk/membership/).
“Resources”the resources which are described on our website (https://fishingforphonics.co.uk/shop/).  
  1. Interpretations:
    1. Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
    2. A reference to writing or written excludes fax but not email. 
  1. Information about Us
    1. Who we are. Fishing for Phonics is a multisensory phonics programme to engage children in practical learning activities. 
    2. How to contact us. You can contact us by emailing enquiries@fishingforphonics.co.uk  or by completing our customer service form that can be found on our website (https://fishingforphonics.co.uk/contact/). 
    3. How we may contact you. If we need to contact you, we will do so by telephone or by writing to you at the email or postal address you provide on your order form. 
  2. Membership 
    1. To be able to access the Paid Content, you must first purchase a Membership with us. 
    2. The types and prices of the Memberships that we offer can be found on our website (https://fishingforphonics.co.uk/product/membership-licenses/). 
    3. Should we decide to accept your application to purchase a Membership with us, we will issue written acceptance which shall include:
      1. your membership ID and password which shall give you access to the Paid Content; and
      2. the annual price for the Membership (Membership fee) including, where applicable, taxes and other additional charges.  

and at which point a Contract shall come into existence (Commencement Date). 

  1. We reserve the right to refuse any applciation for a Membership at our complete discretion and we will inform you in writing as soon as reasonably practicable and refund you any sums you have paid.  
  2. Subject to early termination in accordance with clause 10, the Membership will start on the Commencement Date and shall last for a period of 12 months (Initial Term).
  3. The Initial Term shall automatically renew on each anniversary of the Commencement Date (Subsequent Term) unless terminated early by either us or you in accordance with the provisions of clause 10. 
  4. The Membership fee for the Initial Term shall be taken when you submit your order for the Membership and you then have 30 days from the start of each Subsequent Term to pay your Membership fee. 
  5. The Paid Content is for general information only. It is not intended to amount to advice, guidance or recommendations on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Paid Content. 
  6. We may update the Paid Content from time to time, provided that the Paid Content shall always match the description of it that we provided to you before you bought your Membership.
  7. Resources  
    1. Your order is an offer by you to purchase from us the Resources set out in your order s in accordance with these terms and conditions. 
    2. The price of the Resources are displayed on our website and payment shall be taken when you submit an order (https://fishingforphonics.co.uk/shop/). 
    3. If we accept your offer to purchase the Resources set out in your order, we will issue written acceptance to you which shall include:
      1. your order number;
      2. confirmation of the Resources ordered; and 
      3. the price of the Resources including delivery costs and where applicable, taxes and other additional charges.  

and at which point a Contract shall come into existence between us (Commencement Date). 

  1. If we are unable to accept your order, we will inform you in writing as soon as reasonably practicable and refund you any sums you have paid. This may be due to, Resources being out of stock or an identified error in the price or description of the Resources. 
  2. Quality of Resources
    1. We warrant that on delivery the Resources shall:
      1. conform with their description;
      2. be free from material defects in design, material and workmanship; and 
      3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
    2. Subject to clause 5.2, if some or all of the Resources do not comply with the above warranty and you notify us within 7 days of delivery, we shall, at our absolute discretion, repair or replace the defective Resources, or refund the price of the defective Resources in full.
    3. We shall not be liable for the Resources’ failure to comply with clause 5.1 if:
      1. you make any further use of the Resources after giving notice in accordance with clause 5.2; or
      2. the Resources differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. 
    4. These terms and conditions shall apply to any replacement Resources. 
  3. Delivery of Resources
    1. Before submitting your order to purchase the Resources, you will be notified of the delivery costs that will be charged on top of the price of the Resources.
    2. We shall place the Resources in the post or arrange a courier to send them to the location set out in the order or such other address as we may agree in writing (Delivery Location).
    3. Time of delivery of the Resources is not of the essence. 
    4. We shall not post the Resources until payment has been received in full and in cleared funds. 
    5. The Resources shall become your responsibility from the time they are delivered to the Delivery Location. 
  4. Changes to your order

Whether your order is for Resources or a Membership, if you wish to make a change, please contact us in accordance with clause 2.2. We will let you know whether the change is possible and will inform you of any price changes and will ask you to confirm whether you are happy to proceed with the change. 

  1. Limitation of Liability
    1. Nothing in these terms and conditions shall limit or exclude our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
      4. any matter in respect of which it would be unlawful for us to exclude or restrict liability. 
    2. Except to the extent expressly stated above, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded. 
    3. Subject to those liabilities which it would be unlawful for us to exclude or limit (as set out in clause 8.1:
      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Contract between us; and 
      2. our total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Resources and/or a Membership in the 12 months preceding the event giving rise to the claim under these terms and conditions. 
  2. Intellectual Property Rights  
    1. In consideration of the Membership fee, we grant you a non-exclusive, non-transferable, royalty-free licence to access and use the Paid Content for your school’s teaching purposes (Permitted Purpose) for the duration of the Membership.  
    2. You do not have the right to sub-licence. 
    3. You do not have the right to copy, modify, extract or re-utilise any information or data within the Paid Content other than as expressly set out in this clause 9. 
    4. You may only print, download, extract or store copies of the Paid Content for the Permitted Purpose.
    5. You shall not delete any of our intellectual property protection notices from the Paid Content.
    6. The Head Teacher and/or the English/Phonics lead will be given a password to access the Paid Content that can only be used by staff in your school or such other third parties as we may agree from time to time in writing (Authorised Users). This password and the Paid Content must not be shared with other schools, or transferred to another school if members of staff leave the school that the Membership belongs to.
    7. You shall ensure that the Authorised Users comply with these terms and conditions and you acknowledge and agree that you shall be responsible for their acts and omissions. 
    8. If you are part of a Multi-Academy Trust, you must not share a Membership with other academies. You must purchase a separate Membership that will give you your own membership ID and password. 
    9. You acknowledge and agree that all intellectual property rights in the Resources are and shall continue to be owned by us or our licensees and nothing in these terms and conditions (except for those in relation to the Paid Content) shall transfer, assign or grant any rights to you. 
    10. The names, images and logos identifying us and our Resources are proprietary marks and may not be reproduced or otherwise used without express permission.
  3. Termination of Membership 
    1. You have the right to terminate your Membership by giving at least 1 months’ written notice before the end of the Initial Term or any Subsequent Term. However, you agree that you are liable to pay us the Membership fee for the entire Initial Term or any Subsequent Term whichever the case may be and there will be no refund due to you for the Membership fee or any other costs if you terminate your Membership before the end of the Initial Term or any Subsequent Term. 
    2. We may end your Membership immediately if:
      1. in our reasonable opinion, you materially or repeatedly breach any of these terms and conditions, in particular those of clause 9 (and in respect of any material breach capable of remedy, you do not remedy the breach within 10 Business Days of us notifying you of such breach); or
      2. if you fail to make payment in accordance with clause 3.8 and you still do not make payment within 10 Business Days of us reminding you that payment is due. 
    3. Upon termination of your Membership:
      1. your right to use the Paid Content shall cease with immediate effect, and we may take all steps as we consider necessary to implement this;
      2. you must immediately delete, destroy and make no further use of any hard or electronic copies of the Paid Content; 
      3. you shall immediately pay to us all of the outstanding unpaid Membership fees and interest due in accordance with these terms and conditions; and 
      4. you cannot report to follow Fishing for Phonics in your school – you must immediately remove any reference to our programme from your school website, policy documents and guidance documents to parents. 
  4. Personal Information

We may only use your personal information in accordance with our privacy policy. 

  1. General 
    1. Assignment.
      1. We may transfer our obligations and rights under these terms and conditions 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 and conditions will not be affected and our obligations under these terms and conditions will be transferred to the third party who will remain bound by them.
      2. You may not transfer your obligations and rights under these terms and conditions without our express written permission.
    2. Third-Party Rights. Any Contract between us does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. 
    3. Force Majeure. Neither party shall be in breach of any Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 6 weeks the party not affected may terminate the Contract by giving 10 Business Days written notice to the affected party. 
    4. Entire Agreement. These terms and conditions constitute the entire agreement between us in relation to the Contract. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions. 
    5. Severance. If a court or other authority finds that any part of these terms and conditions are unlawful, the remaining parts will remain in full force and effect. 
    6. Governing Law. Any dispute or claim arising out of or in connection with a Contract between us 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.