This Agreement details the licence we grant you and governs your use of schools.fictionexpress.co.uk subscription service (the "Service"). By accessing the Service you are agreeing either yourself or on behalf of your establishment to the terms that appear below whether you or your establishment have purchased or another party, for example your Local Authority, is paying for the subscription.
1. Provision of Service
1.1 The schools.fictionexpress.co.uk website (the "Site") and the Service are owned by Boolino Ltd (company number 10305431), whose registered office is at Dalton House, 60 Windsor Avenue, London SW19 2RR, UK
1.2 You will receive access to the Service following either payment, or agreement to pay, for the period of your subscription. Boolino Ltd offers a 3-week free trial period during which you may cancel your subscription without charge by logging into your account and clicking the 'Unsubscribe' button. Once the 3-week approval period has expired you will be deemed to have agreed to pay the amount in full. Boolino Ltd agrees to provide you with reasonable support by telephone or email during normal working hours for the purpose of assisting you to maintain your access to the Site.
1.3 You acknowledge that you have provided Boolino Ltd with accurate and complete registration information and that it is your responsibility to update Boolino Ltd of any changes to that information (including your email address) via the ‘My Account’ area of the Site.
1.4 These terms and conditions (including any documents referred to within them) contain all the terms on which we provide the Service to you. They supersede any prior promises, representations, undertakings or implications made.
1.5 Where you are a private consumer, nothing in these terms and conditions shall detract from your statutory rights.
1.6 Access to the Service is only provided to you on condition that either you pay the Fee (if you are an individual member) or you are a duly authorized employee of an institution that has paid the Fee.
1.7 Your Subscription begins on the day that we send email notification from Boolino Ltd. It is your own responsibility to ensure that the details are passed on to the relevant person or persons at your school or library to facilitate access to the site.
1.8 The fee for your subscription (the "Fee") is calculated annually on the anniversary of the start of your subscription (unless otherwise stated) and payable by such method of payment as Boolino Ltd requests. Boolino Ltd shall be under no obligation to provide the Service until the Fee has been paid. Your subscription will renew automatically unless you confirm that you do not wish it to do so, and you agree to make payment of the Fee for the subsequent year. If you fail to pay the Fee for any subsequent year Boolino Ltd may suspend your access to the Service until your Fee is paid.
1.9 On registration of your school you will be allocated unique ID details, by way of a personal Username and Password for you, and unique School Codes for your establishment’s teachers and students. Individual teacher users will use the Teacher Code to register and to set up their own Usernames and Passwords. Individual student users will use the Student Code to register and to set up their own Usernames and Passwords. You are responsible for all use of the Service using your School Codes and for preventing unauthorised use of your School Codes. You must ensure that any user you pass the School Codes onto complies with the terms of this Agreement and all reasonable user terms made available on the Site.
1.10 If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your School Codes, you must notify Boolino Ltd immediately by emailing firstname.lastname@example.org
1.11 You may not rent or lease access to the Service and you may not provide access (or allow any other unauthorized person to provide access) to the Service.
1.12 If Boolino Ltd reasonably believes that your School Codes are being used in any way which is not permitted by this Agreement, Boolino Ltd reserves the right to cancel access rights immediately on giving notice to you and to block your establishment’s access to the Site.
1.13 Subscription is for a whole school site licence, which allows you to have unlimited access by all teachers and students from your establishment at any time and in any place on any Internet-connected device e.g. whiteboards, laptops, tablets, smartphones etc.
1.14 Subscription includes access to the following content and features:
• Twelve interactive e-books per school year (four e-books per term), each delivered in five weekly chapters published by schools.fictionexpress.co.uk
• Individual voting by all registered users on the options at the end of each chapter
• Weekly teachers’ notes and guidance for all registered teachers
• The schools.fictionexpress.co.uk blog
• Pdf files of all twelve completed e-books, delivered when your subscription expires. These files can be stored as part of your school’s e-library.
• Free entry into all Boolino Ltd competitions
2. Rights to Boolino Ltd’ material
2.1 You may not use Fiction Express information, data, names, pictures, logotypes or icons from Fiction Express’s website (we call these “Fiction Express Material”) if it is not clear from the website that this is permitted. This means that you cannot copy, distribute, disseminate, sell, publish, send or otherwise circulate Boolino Ltd’ Material to another person, or in any way commercially exploit any of the content, without the written consent of Boolino Ltd. Nor may you change, revise or replace any of the Material found on the website, either in its entirety or parts thereof.
3.1 Boolino Ltd will use its reasonable skill in making the Service available to you and in ensuring its continuing availability during your Subscription. However because of the nature of the Internet and computer software and hardware, errors and omissions do occur and Boolino Ltd does not give any other warranties in respect of the Service. In particular, you should not take the accuracy of the information for granted and Boolino Ltd makes no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.
4. Limitation of Liability
4.1 Boolino Ltd will use its reasonable endeavours to resolve faults in the Service during the Subscription. You agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur up to an amount equivalent to the Fee actually paid or payable in relation to your use for the relevant term of the Service. Where you are still in any trial period, your only remedy will be to terminate your use of the Service.
4.2 To the maximum extent permitted by applicable law, in no event shall Boolino Ltd be liable for any damages which arise out of the use or inability to use the Service (including, without limitation, damages for the loss of business profits, business interruptions, loss of business information, or other pecuniary loss), even if Boolino Ltd has been advised of the possibility of such damages. In any event, Boolino Ltd’ entire liability to you under this Agreement or with regard to the Service shall be limited to the amount actually paid for the Service.
5.4 In order to register and participate as a member of Boolino Ltd, we might ask teachers to provide us with the following personal data:
- full name
- e-mail address
- name of your establishment
- address of your establishment
- telephone number of your establishment
- billing address for your establishment
5.5 In order to register and participate as a member of Boolino Ltd, we might ask students to provide us with the following personal data:
- full name
- date of birth
These details are taken solely for the purpose of identifying each student, for example in the event that they lose their username and/or password.
5.6 By providing Boolino Ltd with personal data as defined in clause 5.4 above, to the extent permitted by law, you give Boolino Ltd permission to use the personal data to send out information to your e-mail address. For example, a welcome email will be sent thanking you for joining Boolino Ltd. Emails will also be sent to you prior to the expiry of your subscription. These emails are required for logistical purposes and users cannot opt-out of these at any time. Boolino Ltd will also send you a newsletter containing information, such as news, details of website updates, competitions and special offers, unless you have opted out of this service upon registration or within the Newsletter Preferences in the ‘My Account’ area of the Site.
5.7 Boolino Ltd agrees not to sell or transfer your personal data to a third party. An exception is if all or essentially all resources of Boolino Ltd, that is to say, the entire website, are acquired by another company (a so-called acquisition of assets and liabilities). In that case the personal data required in order to continue to operate Boolino Ltd are acquired by the buyer.
5.8 It can happen that Boolino Ltd comes to rely on other companies in order to carry out various tasks such as, for example, help with marketing, the performing of technical services for our websites, etc. These companies can in certain cases gain access to personal data which they need in order to complete an assignment for Boolino Ltd. Boolino Ltd treats all personal data with the greatest care and signs agreements with other companies which mean that they can only use your data in order to complete the assignment for Fiction Express.
5.9 The same applies in those cases where Boolino Ltd co-operates with another company to provide you with interesting offers. Such companies do not have access to your personal data other than for assisting Boolino Ltd with its mailings, banner marketing and the like which you have given Boolino Ltd permission to by this agreement. Such companies will not have the right to retain and use the data for any other purposes than the assignment for Fiction Express.
5.10 Boolino Ltd stores personal data gathered from members for such period as is prescribed by applicable law. During this period personal data are only used to the extent permitted by these terms and by applicable law as well as for the security of members. Boolino Ltd reserves the right to disclose your personal data as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our site.
6. Questions concerning personal data and revoking approval
6.1 In order to be able to offer the best possible user experience on Boolino Ltd, we need to be able to store personal information about you (so-called personal data) and to be able to communicate with you as a member.
6.2 Therefore, if you do not allow us to process personal data about you, we cannot handle your membership. For this reason we ask you to cancel your membership by emailing us at email@example.com if you do not wish to allow us to process your personal data.
6.3 If you want to know what information Boolino Ltd has about you or have other questions about your personal data or that of your students, you can email us at firstname.lastname@example.org.
6.4 If you contact schools.fictionexpress.co.uk, we may keep a record of that correspondence.
6.5 The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
6.6 Account information for schools.fictionexpress.co.uk members are password-protected so that you and only you have access to this personal information. You may edit your account information on the ‘My Details’ page within the ‘My Account’ area of the Site.
6.7 We recommend that you do not divulge your password to anyone. It is your responsibility to ensure that students at your establishment keep their passwords secure. Schools.fictionexpress.co.uk will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also remember (and remind your students) to sign out of your schools.fictionexpress.co.uk account and close your browser window when you have finished your activities. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place such as a library.
6.8 Under no circumstances shall schools.fictionexpress.co.uk be liable for any damages, including, but not limited to, indirect, special, incidental, consequential or exemplary damages, that result from the use of the information or materials posted to or collected as a result of the user's accessing the Site or use of the Service, even if schools.fictionexpress.co.uk has been advised of the possibility of such damages.
6.10 The Site is not a secure website. Boolino Ltd cannot and does not ensure or warrant the security of any information collected by use, transmitted over the Internet, or maintained in your user profile. You agree that any data transmission you make or receive through the Site is at your own risk.
6.12 You must not use the Boolino Ltd website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
7. Suspension and cancellation of membership
7.1 Boolino Ltd has the right to cancel your membership and close your account if you violate this agreement or the regulations on Boolino Ltd’ website. We can also close your account if you fail to pay the Fee for your Subscription within the credit terms specified on your invoice.
7.2 When your membership is cancelled, whatever time remains on your Boolino Ltd membership subscription is forfeited.
8. User contributions
8.1 Boolino Ltd may invite you to make, share or submit your own, or your students’, original stories, illustrations or other contributions. These Terms set out the rules governing how you do so and how Boolino Ltd may use your contribution.
8.2 Any copyright in your or your students’ contribution will remain with you or your student. In this agreement you give Boolino Ltd the right to use the material in your or your students’ contribution in any way it may reasonably choose on a free-of-charge basis for an unlimited time throughout the world and irrespective of the medium used, that is, whether on the Internet, on TV or through mobile distribution, etc. This means that you give Boolino Ltd the right to use, copy, present, reproduce, display, edit, integrate, license as well as distribute that material which you have created. You also allow Boolino Ltd to use the name that you submit in connection with such content, if they choose. These rights of Boolino Ltd apply to both commercial and non-commercial use.
8.3 You confirm that your or your students’ contribution is your or your students’ own original work, is not defamatory or unlawful and does not infringe anyone else’s rights (including privacy rights) and that it complies with the Terms. You also confirm that your contribution is made in your or your students’ personal (rather than business) capacity and that such contribution does not unfairly promote or further any business activities and has not been contributed for commercial gain. You also confirm that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 16, and that your students have the consent of their parent/guardian to agree to these Terms if they are under 16.
8.4 The Site contains a blog within which users can post contributions. All user contributions are moderated prior to being published. These Terms set out the rules governing the use of the Boolino Ltd blog.
8.4.1 You warrant that the content you and your students submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another's privacy, offensive, defamatory of any person or otherwise illegal. You agree that neither you nor your students will (i) post content which is deliberately intended to upset or harm other users; (ii) use the Site to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
8.4.2 Boolino Ltd reserves the right to reject postings, for example if they suspect that the post may breach the terms above.
8.4.3 Boolino Ltd assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Site.
8.5 Boolino Ltd may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects.
8.6 If you do not want to grant Boolino Ltd permission to use your or your students’contributions in accordance with the Terms, please do not share with or submit them to Boolino Ltd.
9. Choice-of-law and jurisdiction
9.1 Subject to local mandatory law, this agreement is regulated and interpreted according to the laws in the United Kingdom and the courts in the United Kingdom will have exclusive jurisdiction. If any part of this agreement should be considered invalid, this will not affect the validity of the remaining sections of the agreement.
10. LIMITATION OF LIABILITY and DISCLAIMER OF WARRANTY
10.1 Boolino Ltd decides solely on the content of the Boolino Ltd website and reserves its right to develop, delete, amend and otherwise make changes to the website without any prior notice to you or other members. Potential errors on Boolino Ltd’ website are taken care of as soon as possible, but Fiction Express does not guarantee that Boolino Ltd’ website always works.
10.2 You use the Boolino Ltd’ website at your own risk. Boolino Ltd does not warrant the accuracy or timeliness of the website.
10.3 All submissions by you or other members are solely the expressions of the sender and Boolino Ltd cannot be held responsible or liable for the content in such submissions. All content on the Boolino Ltd’ websites, including without limitation third party content, submissions and any information or material contained on the websites, are provided to you on an “as is” basis with no warranties of any kind. Boolino Ltd, neither by itself or its licensors, agencies or other representatives, makes no express, implied or statutory representations, warranties or guarantees in connection with the Boolino Ltd websites, including without limitation the Boolino Ltd content and third party content. Boolino Ltd does not provide any warranties against viruses, spyware or malware that may be installed on your computer.
11. Links to third party websites
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. The cookies used on this website have been categorised based on the categories found in the ICC UK Cookie guide.The category of the cookies used on this website is set out below.
Category 1: Strictly Necessary Cookies: These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure user areas of the website. Without these cookies services you have asked for, such as access to e-book chapters, cannot be provided. Because these cookies are strictly necessary we do not need to ask for your consent to use them.
TERMS OF SALE
13. Prices and delivery
13.1 Fiction Express has the right to determine the prices and other terms of sale on the website itself and to change them.
13.2 We accept payment by BACs and cheque. For EU residents VAT is included in accordance with currently applicable tax legislation. This will be displayed along with the price.
14. Additional information
14.1 If you have any question concerning these terms you may contact Boolino Ltd through the ‘Contact’ page on the website, or by emailing email@example.com or by letter to: Boolino Ltd, First Floor Office, 2 College Street, Ludlow, Shropshire SY8 1AN, UK, or by telephone on 01584 878632
Fiction Express is a trading name of Boolino Limited
Company name: Boolino Limited
Registered No: 10305431
Registered office address: Dalton House, 60 Windsor Avenue, London SW19 2RR
Place of registration: London
DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THE ABOVE CONDITIONS!