General Terms and Conditions of Squla

These General Terms and Conditions (“Terms”) apply to all uses of www.squla.co.uk and its underlying pages and applications (the “Site”).

The Site is owned and operated by FutureWhiz Media B.V., with its registered office and principal place of business at De Rhijnspoorplein 22, (1018 TX) Amsterdam, the Netherlands and listed in the Commercial Register of the Chamber of Commerce under number 32144948 (“Squla”).

Please read through these Terms so that you are aware of your rights and obligations.

Should you have any questions about these Terms or would like to contact Squla on any other matter, please contact contact@squla.co.uk.

Clause 1     Updates to these Terms

1.1 Squla may amend or supplement these Terms. The most recent version of the Terms can be found on the Site or will be brought to your attention via an email notification. If you continue to use the Site after a new version of the Terms is posted, Squla will assume that you agree with the new Terms. If you do not agree with the Terms, please do not use the Site.

Clause 2     How Squla works, Accounts and Subscriptions

2.1 Squla makes available certain information, exercises, study material, videos, games, texts, tables, reports and overviews (“Content”) on the Site.

2.2 The Site sets out various ways in which a parents/carers (“Parent”) and their children can access and use the Content temporarily on a free or trial basis (note that this might not always be available), and also on a paid-for basis. The terms of such access are referred to as “Subscriptions” in these Terms.

2.3 Each Subscription is a legally-binding agreement between the relevant Parent and Squla.

2.4 When setting up a Subscription, a Parent creates a personal area on the Site, referred to as a “Parent Account”. Each Parent can manage their Parent Account, such as changing the relevant login details, in the manner as set out on the Site.

2.5 A Parent with a Parent Account can set up a personal area for their child on the Site, referred to as a “Child Account”, in the manner as set out on the Site. Each Child Account is linked to the relevant Parent Account. A Subscription may limit the number of Child Accounts permitted for each Parent Account.

2.6 Parents must only set up Child Accounts for children for which they have parental responsibility. A child using its Child Account is referred to in these Terms as a “Child”.

2.7 Each Parent is responsible for all use made of their Parent Account and all connected Child Accounts.

2.8 Any Parent which knows or suspects that its Parent Account or connected Child Accounts have become compromised must notify Squla as soon as possible and also promptly take effective measures to minimise any risks to the relevant accounts and individuals.

2.9 Each Parent undertakes towards Squla that the information it provides on the Site and during any Subscription is and remains complete and accurate.

2.10 No user of the Site is permitted to:

a. ask other Parents or any other users for their Account details or to register via someone else’s Account;
b. gain or try to gain access to the Site other than by the use of their own login details; or
c. give another person access to their Account, other than a Child providing access to their own Parent.

Clause 3     Use of the Site

3.1 On the Site, a Child can practice with the available Content, and can save “coins” (“Coins”) which can be exchanged for presents. Coins have no monetary value and cannot be used anywhere apart from on the Site. Parents can, through the available overviews and reports, gain insight into the use of the Site by their Child.

3.2 Each Subscription may allow different Content and other services to be available.

3.3 Parents must ensure that each Child of theirs uses the Site in accordance with these Terms.

3.4 All users of the Site must not:

a. post or submit any information which is untrue or misleading;
b. introduce onto the Site any viruses, Trojan horses, worms, bots or other software which could damage the Site or make it unusable or inaccessible, or which are intended to circumvent technical protection measures of the Site or Squla’s systems;
c. use tools to search the Site other than those provided on the Site;
d. use any tools to copy, spider, scrape or sift the Site other than as necessary for the proper use of a Subscription;
e. use the Site for any commercial, non-personal use unless expressly permitted by Squla (note that other terms may apply to such commercial use);
f. use the Site in an unreasonable way (in Squla’s reasonable opinion);
g. use the Site in a way which conflicts with public morality or good taste (in Squla’s reasonable opinion);
h. use the Site in a way which breaches these Terms, the Privacy Policy or any applicable laws;
i. use the Site in a way which breaches the rights of Squla and/or any third parties;
j. use the Site in a way which is unlawful; or
k. use the Site in any other way to harm the interests and good name of Squla.

Clause 4     Payment for Subscriptions

4.1 Payments for Subscriptions are due whether or not the Parent or the Child has used the Subscription. The price is dependent on the Subscription package. The relevant details can be found on the Site.

4.2 Payment for Subscriptions takes place as set out on the Site.

4.3 Squla reserves the right to verify payments by credit card or bank account.

4.4 If no payment term is stated or otherwise agreed in writing, payment is made within fourteen (14) days after the invoice date.

4.5 In the event of late payment, Squla (subject to its other rights) is entitled – after having issued a notice of default – to suspend or restrict the access to the Service until such time the Parent has satisfied all his (payment) obligations, which includes the payment of extrajudicial (collection) costs and interest. Complaints relating to invoices and/or the Service do not suspend the payment obligations.

4.6 Squla revises the prices for Subscriptions on 1 January each year. New Subscription prices will be posted on the Site by 1 December of the previous year.

Clause 5     Intellectual property rights

5.1 All copyright and other intellectual property rights in the Content and the Site are owned by Squla and/or its licensors. Nothing in these Terms is intended to transfer the ownership of any intellectual property rights to the Parent and/or any Child.

5.2 Under each Subscription, Squla grants the Parent and/or their Child a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferrable and non-commercial right to access and use the Content in accordance with these Terms.

5.3 Parents must not, and shall ensure that their Children do not, carry out acts which may infringe the intellectual property rights of Squla, such as (without limitation): (a) registering domain names, trademarks or Google Adwords featuring “Squla” or other trademarks appearing on the Site; (b) requesting or reusing substantial parts of the Site or the Content; or (c) systematically requesting or reusing non-substantial parts of the Site or the Content.

5.4 All information, materials and/or documents provided by each Parent and Child to Squla on the Site remain the property of the relevant Parent or the Child. Squla acquires a free, global, perpetual, irrevocable, non-cancellable, unlimited, sublicensable and transferable licence to use and process such information, materials and/or documents as is reasonably necessary to provide the Site.

Clause 6     Site provided “as is”

6.1 The Site is provided on an “as is basis”. Squla does not give guarantees, undertakings or indemnifications in respect of the quality, safety, legality, completeness, integrity or correctness of the Site. Squla is not obliged to add any particular Content to the Site on request.

6.2 Squla does not guarantee that the use of the Site by a Child will deliver any particular results, such as an improvement in school performance.

6.3 The reports provided by the Site to the Parent on the progress of the Child are only based on the questions answered by the Child within the Site. Squla owns the copyright in such reports, and the Parent is granted a limited, non-commercial right to use such reports for the purposes of monitoring and assessing the progress of the Child.

6.4 Squla does not guarantee that the Site will be accessible at all times without interruption or faults. Squla is not liable for any loss arising from the unavailability of the Site.

Clause 7     Liability

7.1 Squla is fully liable for death or personal injury caused by its negligence, and for any losses caused by its fraudulent misrepresentation. All of Squla’s liability for any other losses suffered as a result of its breach of these Terms is limited to the lower of: (a) £5000; and (b) the payments actually made by the relevant Parent to Squla for Subscriptions in the calendar year during which the breach occurred.

7.2 Squla is only liable for direct losses, such as damage to your property.

7.3 Squla is not liable for any loss of profit, lost savings, loss of goodwill, loss of future performance, loss caused by materials or software from third parties and loss due to corruption, destruction or loss of data or documents.

Clause 8     How to start a Subscription, suspension, termination and cancellation rights

8.1 Subscriptions can be taken out by creating an account on the Site and following the instructions.

8.2 Each Subscription commences when Squla sends a confirmation email to the Parent containing the details of the Subscription which has been purchased.

8.3 Subscriptions are for the initial period set out on the Site and as confirmed in the confirmation email.

8.4 The Parent has the right to change their mind and cancel the purchase of the initial Subscription at any time in the fourteen (14) day period from the date of the confirmation email by notifying Squla via the Parent Account or by completing the model termination form and sending it to info@squla.co.uk. Please note that if you start to access or use any Content on the Site then you will lose the right to cancel your Subscription in this way. In the event of termination on the basis of this provision, Squla shall refund the payment made by the Parent within 14 days to the relevant renewal fee to the payment method used to purchase the initial Subscription .

8.5 Automatic renewal. After the initial period of a Subscription, the Subscription will renew for further successive terms of one (1) year at a time,  unless cancelled by the Parent at least one (1) month before the expiry of the term. Parents can issue the notice of cancellation via the Parent Account. Squla will charge the relevant renewal fee to the payment method used to purchase the initial subscription, unless otherwise instructed by the Parent. Parents can only cancel Subscriptions in the way shown in this section 8.5 and the previous section 8.4, unless Squla is in material breach of these Terms.

8.6 Squla may, without prior notification and without becoming liable for any compensation, make all or part of the Site permanently or temporarily unavailable.

8.7 Squla may, without having to state reasons and without any prior explanation being required and without liability, temporarily or permanently restrict, suspend or terminate any Parent Account or Child Account if:

(i) the Parent or the child acts in conflict with these Terms;

(ii) the Parent fails to comply with any the requirements of a Subscription; or

(iii) Squla is of the view that the actions of the Parent or the Child could result in loss or liability to themselves, to Squla or to others.

Clause 9     Effect of Termination

9.1 On termination of a Subscription, for whatever reason, the right to use the Site ceases immediately. Any Coins saved by the Child are from that point invalid and unusable.

9.2 If several Children’s Accounts are linked to one Parent Account and the Parent makes use of a family discount applicable to the Accounts, but the Parent subsequently terminates a Child Account so that the family discount no longer applies, Squla will charge the relevant additional fee to the payment method used to purchase the initial subscription, unless otherwise instructed by the Parent.

Clause 10     Privacy

10.1 The Privacy Policy sets out Squla’s obligations in relation to all information submitted to the Site.

Clause 11     Other

11.1 Squla may transfer the rights and obligations arising from these Terms to third parties. Parents may not permitted to transfer the rights and obligations arising from these Terms without the express prior written agreement of Squla.

11.2 These Terms and all disputes that arise from and/or are related to such are governed by English law.

11.3 All disputes arising from and/or relating to these Terms are subject to the jurisdiction of the Courts of England.

FutureWhiz v2016. Last amended on 23 January 2017.[UK terms]