Last Updated: September 25, 2023


By registering for and/or utilising our services, you hereby accept the following terms and conditions. If you do not concur with these terms and conditions, you are prohibited from using our services.

Introduction

These terms and conditions of service (referred to as the "Terms") establish a contractual agreement between you (referred to as “You” and “your”) and GCSE Catch Up Limited ("We," "Us," or "Our"), which can be accessed through the website (www.gcsecatchup.co.uk) (the "Website"). By registering for and/or using the service, you consent to adhere to these Terms. If you do not agree with these Terms, you must refrain from using the Services.

GCSE Catch Up reserves the right to modify these terms at any time by posting changes online. It is advisable to regularly review these terms so that you are aware of any changes. Your continued use of gcsecatchup.co.uk after changes are posted implies your agreement to be legally bound by these updated and/or amended terms.

If you have any questions or require assistance, please contact us at [email protected].

Company Information

GCSE Catch Up Limited owns the GCSE Catch Up products/services and GCSE Catch Up website, registered in England and Wales under company number 14386655. The registered office address is 115 Newbridge Street, Innovation Northumbria Incubator, Newcastle Upon Tyne, United Kingdom, NE1 8ST.

1. Our Agreement with You

1.1 These Terms are applicable to any use of our Website by a School (which may include any local authority or other entity with ultimate responsibility for or control over the school) ("School"), its teachers, staff, and any other authorised representatives ("Users") (the School and Users together are referred to as "You" and "Your"). When an individual agrees to these terms on behalf of a School, the individual warrants that they have the authority to do so and to contractually bind the School.

1.2. As part of our Website, You are allowed to grant access to Our Website to Your students enrolled at the School ("Students") subject to the Students accepting the Terms of Use. However, You agree to be responsible for Your Students’ use of the Services.

1.3. Please keep a copy of these Terms for future reference. We may modify these Terms for legal, regulatory, or security reasons, or for any other reason by providing You notice via email or through updates or postings on Our Website. Your continued use of Our Website following such notice will be considered Your acceptance of the amended Terms.

2. Your Legal Obligations and Promises to Us

2.1. You confirm that:

All information and details provided by You are true, accurate, and up to date. The rights granted under these Terms are personal to You, and You must not make the Website available to anyone else (unless expressly permitted under these Terms).
You will comply with the Rules of Conduct related to Your use of the Services as outlined in Clause 12 below, and You will adhere to any other restrictions set out elsewhere in the Terms.
2.2. You agree to indemnify Us for any damages or losses (including any legal fees related to such claim or damages) incurred by Us as a result of any claim made by a third party regarding any matter in connection with Your (or Your Students’) use of the Services, including any breach of these Terms or Your violation of any law or the rights of a third party.

2.3. If We take legal action against You for non-payment or any other breach of these Terms and a court awards Us in Our favor, You will be responsible for all costs allowable by the courts.

3. Standard Subscription Contract Terms

3.1. Subject to Your payment of the Charges in accordance with clause 11 and the restrictions set out in these Terms, We hereby grant You a non-exclusive, non-transferable right to allow Users and Students to use the Services during the Subscription Term.

3.2. The license granted to You in accordance with clause 5.1 allows the assigned Students and Users selected by You in accordance with clause 5.3 the right to use the Services at home or school (together, "Authorised Users").

3.3. Authorised Users must be Students and Users enrolled or working (as applicable) at Your School (or, in the case of Multi-Academy Schools (MAT), at Schools within Your MAT). You cannot purchase one license to use across several Schools unless agreed in writing with Us. You will have access to curriculum, content, or tools available within the product(s) at no extra charge.

3.4. Our Services are continuously evolving. We will endeavour to provide You with email support services and in the future, telephone support services. Contact details for such support can be found at www.gcsecatchup.co.uk/contact

4. Your Account / Use of the Services

4.1 Use of the Services may require You to create an account. If You don’t already have an account and such an account is required, You will be prompted to set one up before using the Website ("Account"). Your access to the Services will be linked to Your Account, and You are required to comply with the requirements set out in these Terms.

4.2. If any information You provide in connection with Your Account is untrue, inaccurate, out-of-date, or incomplete, then We reserve the right to refuse Your current and future use of the Services. We shall not be liable for any failure or delay in the provision of the Services as a result of Your failure to provide accurate or up-to-date information.

4.3. We do not have the means to verify the identities of people using the Services and will not be liable if Your Account is used by someone else. You are solely responsible for any and all use of Your Account, and You must notify Us immediately if You become aware of any unauthorized use.

4.4. You may deactivate Your Account at any time, for any reason, by contacting us at [email protected] or by contacting your provider (“School”). We may terminate Your Account and/or access to the Services at Our sole discretion, at any time and for any reason, without liability, including, without limitation, if We believe Your conduct violates these Terms.

5. Our Rights and Obligations

5.1. We agree to provide the Services with reasonable care and skill, subject to: a) Your compliance with these Terms, and b) Force Majeure Events.

5.2. We will use all reasonable efforts to ensure that the Services are available at all times.

5.3. We will use all reasonable efforts to ensure that the Services and materials provided to You are free from viruses and defects.

5.4. We may suspend the provision of the Services if any amount due to be paid by You to Us under these Terms is overdue and remains unpaid or if We have reason to believe that You are in breach of these Terms.

5.5. If You are dissatisfied with the service for any reason, please contact Us. We are committed to resolving Your issues.

6. Security of Your Personal Information

6.1. We are committed to protecting Your privacy and security. All personal information that We collect from You will be processed in accordance with Our Privacy Policy. You should review Our Privacy Policy, which is incorporated into these Terms by reference.

6.2. You agree to provide all necessary consents to Us to process Your personal data for the purposes of providing the Services under these Terms.

7. Limitation of Liability

7.1. We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.

7.2. We only supply the Services for domestic and private use. If You use the Services for any commercial, business, or re-sale purpose, Our liability to You will be limited as set out in clause 9.3.

7.3. Subject to clause 9.1, Our total liability to You in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total Charges paid by You to Us for the Services in the 12 months immediately preceding the event giving rise to the claim.

7.4. We are not responsible for losses not caused by Our breach or negligence, indirect losses that are a side effect of the main loss or damage, including but not limited to:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data; or
waste of management or office time.
7.5. The following additional limitations apply: a) We are not responsible for the content uploaded by Users or Students, nor do We endorse such content. We do not review or moderate content in advance, and We shall not be responsible for any loss, damage, or liability arising from the use or reliance upon such content. b) We are not responsible for any inability to access or use the Website due to technical problems outside of Our control (e.g., problems with Your internet connection or device).

8. Rules of Conduct

8.1. In using the Services, You agree not to: a) Use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services or any operating system. b) Infringe Our intellectual property rights or those of any third party in relation to Your use of the Services. c) Use the Services in a way that could damage, disable, overburden, impair, or compromise Our systems or security or interfere with other users. d) Collect or harvest any information or data from the Services or Our systems or attempt to decipher any transmissions to or from the servers running any part of the Services. e) Share Your login credentials or allow unauthorised access to Your Account. f) Upload, post, email, transmit, or otherwise make available any content that:

You do not have the right to make available (such as the intellectual property of another party);
Is false, inaccurate, or misleading;
Violates any law or regulation; or
Harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
g) Interfere with the operation of the Services or any user's enjoyment of the Services, including by:

Uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
Making unsolicited offers or advertisements to other users of the Services;
Attempting to collect personal information about users or third parties without their consent; or
Interfering with or disrupting any network, equipment, or server connected to or used to provide the Services or violating any regulation, policy, or procedure of any network, equipment, or server.
8.2. We reserve the right to remove any content that violates these Terms or is otherwise objectionable, in Our sole discretion.

8.3. If You breach any of these Rules of Conduct, We may take such action as We deem appropriate, including terminating Your Account and/or reporting You to the appropriate authorities.

9. Charges and Payment

9.1. In consideration for the Services, You agree to pay the Charges to Us.

9.2. Charges will be made in accordance with Our current pricing, as published on Our Website or otherwise notified to You from time to time, and will depend on the number of Students and Users for whom You require access to the Website and the Subscription Term.

9.3. You agree to pay all Charges in the currency specified by Us. Charges must be paid using the payment methods We specify from time to time. You agree to provide Us with valid and updated payment information and confirm that You are authorised to use the payment method provided.

9.4. We may change Our Charges at any time, but changes will not affect any Charges that We have already collected from You. We will provide You with at least 30 days' notice of any changes to the Charges unless such changes result from a change in Your Subscription Term.

9.5. You are responsible for keeping Your billing information current and accurate. Changes to Your billing information can be made by contacting [email protected]

10. Term and Termination

10.1. These Terms will commence on the date that You accept these Terms and will continue for the Subscription Term.

10.2. Either party may terminate these Terms at the end of the Subscription Term by providing at least 30 days' notice prior to the end of the Subscription Term. If You fail to provide such notice, Your Subscription will automatically renew for an additional Subscription Term, and You will be billed accordingly.

10.3. We may terminate these Terms and/or suspend Your access to the Services immediately if: a) You breach any of these Terms; b) We are required to do so by law; c) We are no longer providing the Services to users in Your area; or d) The provision of the Services by Us is, in Our opinion, no longer commercially viable.

10.4. You may terminate Your Account at any time by following the instructions in the App or on the Website. Upon termination of Your Account, You will no longer have access to the Services.

10.5. Upon termination of these Terms, any provisions that would reasonably be expected to survive termination by their nature will remain in full force and effect, including but not limited to sections 9 (Limitation of Liability), 10 (Rules of Conduct), and 15 (General).

11. General

11.1 Entire Agreement. These Terms constitute the entire agreement between You and Us with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

11.2. Governing Law. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

11. Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.