Terms and Conditions
- These terms
- What these terms cover
These are the terms on which we provide you with access to the Integral platform. Our website provides you with a range of options for subscription to the Integral platform, dependent upon whether you are:- a non-paying academic institution subscriber, for example a school/college that is registered with the Advanced Mathematics Support Programme;
- a non-paying individual subscriber, for example a participant of an MEI professional development course;
- a subscribing school/college (UK resources);
- a subscribing individual (UK or Cambridge International Resources); or
- a subscribing school/college (Cambridge and Edexcel International Resources)
- Why you should read these terms
Please read these terms carefully before you subscribe to the Integral platform (including where you are a non-paying academic institution subscriber). These terms tell you who we are, how we will provide you with access to the Integral platform, how you and we may change or end this contract, what to do if there is a problem and other important information. - Are you a business customer or a consumer?
In some areas you will have different rights under these terms depending on whether you are a business or consumer. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a consumer if:- you are an individual; and
- you are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession)
- If you are a business customer this is our entire agreement with you
If you are a business customer these terms constitute the entire agreement between us in relation to your subscription. 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 that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- What these terms cover
- Use of defined words which have particular meanings
- In these terms, the following words have the following meanings:
- Content: means online teaching and learning resources and curriculum materials to which you, and any Users, are provided access as a subscriber to the Integral platform;
- Data Protection Legislation: means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003 No. 2426) as amended;
- IPR: means copyright, patents, rights in confidential information, trade marks, designs, database rights, domain names, rights in computer software and all similar rights of whatever nature and, in each case: (i) whether registered, registrable or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and (iv) wherever existing;
- Start Date: means the date from which we enable your access to the Content, as follows:
- for a non-paying academic institution subscriber, the Start Date will be up to 14 working days from our email confirming your subscription.
- for all other subscribers, the Start Date will be up to 3 working days from our email confirming your subscription, unless you and we agree in writing a later Start Date.
- Subscription Term: means:
- for promotional subscriptions, the period from the Start Date to the end of the period specified on the website when you subscribed for the promotional subscription;
- for non-paying academic institution subscribers, or for UK subscribers (whether consumer or business customers), the period from the Start Date until the end of 30 September in the subsequent academic year; and
- for Cambridge International, Edexcel International, ITT Provider and Higher Education subscriptions, the period of 12 months from the Start Date.
- UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
- Users: means the users that are authorised by you to access the Integral platform and use the Content. If you are a non-paying academic institution subscriber or an individual user (not a business customer), the User is you and no-one else.
- In these terms, the following words have the following meanings:
- Information about us and how to contact us
- Who we are
We are Mathematics in Education and Industry, a private company limited by guarantee established in England and Wales. Our company registration number is 03265490 and our registered office is at Monckton House Epsom Centre, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XG. We are a registered charity in England and Wales under charity number 1058911. - How to contact us
You can contact us by telephoning our customer service team at +44 (0)1225 983767, or by writing to us at integralresources@mei.org.uk or Integral, MEI, Monckton House, Epsom Centre, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XG, United Kingdom. - How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us on your Integral subscription form. - “Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.
- Who we are
- Our contract with you
- How we will accept your subscription
Our acceptance of your subscription will take place when we email you to confirm that your subscription has been successfully processed and that we have accepted your subscription, at which point a contract will come into existence between you and us. We may require further information from you to enable us to accept your subscription – if that happens, your subscription will only be accepted, and a contract will only come into existence between you and us, after you have provided us with the requested information, and we have emailed you to confirm that your subscription has been successfully processed and that we have accepted your subscription. - If we cannot accept your subscription
If we are unable to accept your subscription, we will inform you of this in writing, and will not charge you for the service (and we will refund you any money that you paid to us when requesting your subscription). This might be because we do not accept subscribers located in the country you are subscribing from, or we have identified an error in the price or description of the subscription that you have requested, or because we are unable to provide you with access to the Integral platform for any other reason. - Your customer number
We will assign a number to your subscription, and tell you what it is when we accept your order. It will help us if you can tell us your customer number whenever you contact us about your subscription. - We do not sell to all countries throughout the world
Our website is for the promotion of our services in the UK and for other countries listed on the Integral subscription form. Unfortunately, we do not accept orders from addresses outside these territories. - Renewing your subscription:
You can renew your subscription at the end of the Subscription Term by activating the renewal button on our website and following the instructions (including payment of any subscription fee). If you subscribe to Integral as part of a multi-academy trust or if you are an individual subscriber, you will not have access to a renewal button on our website, but you will need to re-subscribe instead. Please note that when you renew your subscription or re-subscribe, you will also be accepting our terms and conditions for that Subscription Term in the form that applies at that time. It is possible that those terms and conditions will have been updated and will differ from these terms, so it is important that you read the terms and conditions before you renew your subscription or re-subscribe.
- How we will accept your subscription
- Your rights to make changes
- If you wish to make a change to your subscription please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Our rights to make changes
- We may change the Integral platform, and the services that you receive through it:
- to reflect changes in relevant laws, regulatory requirements, teaching requirements and curriculum changes;
- to add new Content, and to remove old Content; and
- to implement technical adjustments and improvements, for example to address a security threat, or to fix errors.
- We may change the Integral platform, and the services that you receive through it:
- Access to Integral platform
- When you will be provided with access to the Integral platform
We will enable you, and any Users who you have told us are authorised to use the Integral platform, to access Integral platform and the Content from the Start Date. The scope of your licence in respect of the Content is set out below. - There may be interruptions to your access to the Integral platform
We cannot guarantee that your access to the Integral platform, and the Content, will be uninterrupted. In particular, there may be interruptions to your access where we need to carry out scheduled or emergency maintenance on the Integral platform, or where access is interrupted or prevented as a result of reasons which are outside of our reasonable control. However, where interruptions do happen, we will use our reasonable endeavours to minimise those interruptions. Where possible, we will let you know about any interruptions before they happen. - We will not are not responsible for matters which are outside of our control
If your access to the Integral platform, or any element of it, is prevented or interrupted by matters which are outside of our reasonable control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. In this scenario, if you are a consumer, and we tell you that there is a risk of interruption to your access to the Integral platform of a period of more than 7 days, you may contact us to end the contract and receive a refund for the period of your subscription that you have paid for but not received. - Ending access to the Integral platform and its Content
Your right to access the Integral platform and access the Content will end at the expiry of the Subscription Term. If you have arranged for access to the Integral platform for a User, and that User leaves your establishment, you must notify us in order that we can cancel access to the Integral platform for that User. - Your responsibility to check the Content is appropriate for your needs
By accessing the Integral platform, you are accessing Content which can be used in the teaching and learning of maths. Whilst we give guidance on the Integral platform as to the purposes for which various content might be used, it is your responsibility to ensure that the Content that you access and use is appropriate for the purposes for which you are using it. - Any queries for support in relation to the Content shall be addressed to integralresources@mei.org.uk and we shall use reasonable endeavours to respond to such queries and provide guidance where possible.
- When you will be provided with access to the Integral platform
- Use of the Content
- From the Start Date, we grant you a non-transferable, non-exclusive right for the Subscription Term to allow Users access to the Content.
- Your and the Users right to access the Content will end automatically at the end of the Subscription Term. Your right and that of the Users to access the Content will also end automatically if this contract is ended by either one of us early.
- Prior to providing Users with access to the Content:
- if agreed with us, we shall provide you with the agreed number of User accounts, or you shall supply us with a list of Users authorised to receive access to the Content; and
- you shall ensure that all Users are aware of these terms, including their obligation to comply with any other user terms applicable to the Content and notified to you. You shall only provide Users with access to the Content via the access method provided by us and shall not provide access to anyone other than a User.
- You must, and must ensure that Users do, ensure that the Content is only used in connection with your own reasonable use to support teaching and learning within your school/college, or your own learning if you are an individual subscriber. That use will include a right to print and copy PDF resources for use in classroom teaching in your own schools/college, or for your own personal learning, and a right to download and amend topic assessments for use in the classroom.
- Except to the extent such activities are expressly agreed by us in writing, or set out elsewhere in these terms, your rights to benefit from and use the Content does not permit you, or the Users, to:
- reproduce, publish, distribute, redistribute, broadcast, transmit, modify, adapt, edit, abstract, create derivative works of, store, archive, display in a public setting (not including your own school/college), sell, upload to a shared portal/intranet/any other website; or in any way otherwise commercially exploit any part of the Content. In particular, you must not upload any Content (or allow any content to be uploaded) to virtual learning environments (including in your own school/college);
- use the Content to provide outsourced services to third parties or make it available to any third party or allow or permit a third party to do so;
- use the Content to provide external training or CPD training to others;
- combine, merge or otherwise permit the Content (or any part of it) to become incorporated in any other program, nor arrange or create derivative works based on it;
- attempt to decompile (as defined in section 50B of the Copyright, Designs and Patents Act 1988) the underlying software (or any part of it) that is used to provide the Content, except and only to the extent that such restriction is prohibited pursuant to section 50B of the Copyright, Designs and Patents Act 1988; and
- observe, study or test the functioning of the underlying software (or any part of it) that is used to provide the Content or which is otherwise used in the Integral platform, except and only to the extent that such restriction is prohibited pursuant to section 50B of the Copyright, Designs and Patents Act 1988.
- You must, and must ensure that Users do, keep confidential and, except as provided for in these terms, not share with any third party their password or access details provided to them to facilitate access to the Integral platform and the Content. You shall contact us if updates to any list of Users given to us are required, including requested additions of Users or when Users cease to be employed or engaged by you.
- You shall not, and shall procure that the Users do not, introduce any software virus or other malware (including any bugs, worms, logic bombs, Trojan horses or any other self propagating or other such program) that may infect or cause damage to the Content or our systems or otherwise disrupt the provision of the Content.
- You shall not be permitted to frame or mirror any part of the Content other than with our express written consent.
- We reserve the right to monitor usage by all Users (by way of audits or otherwise) during the Subscription Term for the purpose of (among others) ensuring compliance with these terms. Any audit may be carried out by us or a third party authorised by us. If it comes to our attention that any password has been provided to an individual that is not a User, you shall, without delay, disable any such passwords and notify us immediately.
- In the event of unauthorised use of the Content by you or Users (including, in particular, if you or any Users share Content with any other person in a way that is not permitted in these terms) we reserve the right to deny you or Users access to the Content by blocking, without prior notification, the IP addresses that you or the Users used to access the Content.
- 11. Some of the services permit you to access an interactive forum. You agree that you will be subject to the terms of our Acceptable Use Policy which applies to such forums. Where any User will access that interactive forum, you must ensure that those Users are provided with a copy of, and comply with, the terms of our Acceptable Use Policy.
- Suspension of access
- We may suspend access to the Content to all or some of the Users:
- to deal with technical problems or make minor technical changes;
- to update the Content to reflect changes in relevant laws and regulatory requirements;
- to make changes to the service as notified by us to you (see clause 6);
- if we suspect that there has been any misuse of the Content or breach of these terms; or
- if you fail to pay any sums due to us by the due date for payment.
- We will notify you or the affected Users as soon as possible after suspending the Content.
- Where the reason for the suspension is suspected misuse of the Content or breach of these terms, without prejudice to our rights under clause 12, we will take steps to investigate the issue and may restore or permanently suspend access at our discretion. If we consider it appropriate to permanently suspend access to all Users, we will notify you in writing and the contract will terminate immediately on service of such notice.
- In relation to suspensions under clause 9.1.5 above, access to the Content will be restored promptly after we receive payment in full and cleared funds.
- Where we need to suspend access to the Content, we will contact you in advance to tell you, unless the problem is urgent or due to an emergency. If we have to suspend the service for longer than 7 days in any 2 month period we will adjust any price you have paid so that you do not pay for services while they are suspended. If you are a consumer, you may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
- We may suspend access to the Content to all or some of the Users:
- Your rights to end the contract
- Sometimes you have the right to end the contract
Your rights when you end the contract will depend on whether there is anything wrong with your ability to access the Integral platform, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:- If your subscription is faulty or mis-described (apart from minor errors) you may have a legal right to end the contract (or to get some or all of your money back), see clause 14 if you are a consumer;
- If you want to end the contract because of something we have done or have told you we are going to do, your rights when you end the contract will depend on whether there is anything wrong with your ability to access the Integral platform, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- If you are a consumer and have just changed your mind about your subscription and have not started to access it, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
- Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at 10.2.1 to 10.2.5 below the contract will end immediately and we will refund you in full for the unused period of the subscription, and you may also be entitled to compensation. The reasons are:- we have told you about an upcoming change to the service or these terms which you do not agree to.
- we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
- there is a risk that supply of the services may be significantly delayed because of an event which is outside of our control;
- we have suspended access to the Integral platform for technical reasons, or we notify you we are going to suspend it for technical reasons, in each case for a period of more than 7 days; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013)
If you are a consumer then for most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. However, your right as a consumer to change your mind does not apply in respect of digital services after you have started to access them. - How long do consumers have to change their minds?
If you are a consumer how long you have to change your mind depends on what you have ordered. As you have bought digital content to access, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start accessing the service. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
- Sometimes you have the right to end the contract
- How to end the contract with us if you have a right to do so (including if you are a consumer who has changed their mind)
- Tell us you want to end the contract
To end the contract with us, please let us know by doing one of the following:- Phone or email: Call customer services on +44 (0)1225 983767 or email us at integralresources@mei.org.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online: Complete the form on our website.
- By post: Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- How we will refund you
If you are entitled to a refund under these terms we will refund you the relevant amount by the method you used for payment. However, we may make deductions from the price, as described below. - When we may make deduction from refunds if you are a consumer exercising your right to change your mind
If you are exercising your right to change your mind, and because the service is to enable you to access digital content, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. However, if you have begun to access the Content as part of your subscription, then you do not have a right to change your mind, as explained in clause 10.4 above - When your refund will be made
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
- Tell us you want to end the contract
- Our rights to end the contract
- We may end the contract if you breach (“break”) it
We may end the contract for a service at any time by writing to you if:- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
- you breach any other provision of these terms.
- You may be required to compensate us if you break the contract
If we end the contract in the situations set out in clause 12.1 we will charge you compensation for the net costs we will incur as a result of your breaking the contract.
- We may end the contract if you breach (“break”) it
- If there is a problem with the service
- If you have any questions or complaints about the service, please contact us. You can telephone our customer service team at customer service team at +44 (0)1225 983767, or by writing to us at integralresources@mei.org.uk or Integral, MEI, Monckton House, Epsom Centre, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XG, United Kingdom.
- Your rights in respect of defective services if you are a consumer
- If you are a consumer we are under a legal duty to supply services and digital content that are as described on our website, fit for purpose and of satisfactory quality. Nothing in these terms will affect your legal rights.
- If the Integral platform does not meet those requirements you may have legal remedies, including a right to your money back. For detailed information on your legal rights as a consumer, please visit the Citizens Advice website (https://www.adviceguide.org.uk) or call 0808 223 1133.
- Price and payment
- The provisions of this section do not apply to non-paying academic institution subscribers.
- Where to find the price for the service
The price of your subscription will be the price indicated on the subscription pages specific to your chosen service when you placed your order. We take all reasonable care to ensure that the price of the subscription advised to you is correct. However please see clause 15.3 for what happens if we discover an error in the price of the subscription that you request. - What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the subscriptions we sell may be incorrectly priced. We will normally check prices before accepting your subscription so that, where the subscription’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your subscription where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid, and terminate access to the Integral platform and Content. - When you must pay and how you must pay
We accept payment in pounds sterling with any necessary currency conversion taking place at the time of payment, with major credit and debit cards, through PayPal, our payment provider, or for UK schools and colleges, you can elect to be invoiced in accordance with the following provisions. As the services are digital content, you must:- if you are a consumer customer, pay for your subscription before you access the Integral platform; or
- if you are a business customer, you must either:
- pay for your subscription before you access the Integral platform; or
- we will invoice you for the price for your subscription. You must pay each invoice within 14 calendar days of the date of the invoice.
- Amounts payable to us under these terms shall be paid into our bank account by BACS electronic funds transfer, by major credit and debit cards, by cheque or through PayPal.
- For sales outside of the UK, supply of the subscription is subject to reverse sales tax and will incur a £10 bank charge.
- Our right of set-off if you are a business customer
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). Subscription fees are net of any taxes. The customer is responsible for the payment of any taxes due.
- Data Protection – Business Customers
- If you are a business customer, we will hold and process Personal Data (as defined in the Data Protection Legislation) of Users within your organisation. This clause 16 applies to the extent that we hold such Personal Data and you are a business customer
- Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 16 is in addition to, and does not relieve, remove, or replace a party’s obligations under the Data Protection Legislation.
- Without prejudice to the generality of clause 16.1, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of this agreement.
- For the purposes of these terms: in respect of any Personal Data we process on your behalf, for the purposes of the Data Protection Legislation you are the Controller and we are the Processor (where Controller and Processor have the meanings as defined in the Data Protection Legislation) and clauses 16.5-16.9 (the data processing terms) shall apply.
- In respect of any Personal Data shared with or generated by us as an independent Controller (Controller Personal Data) clause 6.10 (the data sharing terms) shall apply.
- Data processing terms
- Schedule 1 sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data and categories of Data Subject (as defined in the Data Protection Legislation).
- Without prejudice to the generality of clause 16.1, we shall, in relation to any Personal Data processed in connection with the performance by us of our obligations under these terms:
- process that Personal Data only on your written instructions unless we are required by Data Protection Legislation or any other UK applicable law (the Applicable Laws) to otherwise process that Personal Data;
- comply with Article 32 of the UK GDPR and without limit to this ensure that we have in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
- ensure that all our personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential, and will not disclose the Personal Data to third parties unless you specifically authorise the disclosure, or unless required by law; and
- not transfer any Personal Data outside of the United Kingdom other than to enable the processing of the Personal Data by sub-processors appointed in accordance with clauses 16.6 and 16.7 and in compliance with Data Protection Legislation;
- assist you, at your cost:
- in responding to any request from a Data Subject to exercise their rights under Chapter III of the UK GDPR by appropriate technical and organisational measures insofar as this is possible; and
- taking into account the nature of the processing and the information available to us, assist you with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
- notify you without undue delay on becoming aware of a Personal Data Breach (as defined in Data Protection Legislation);
- at your written direction, delete or return Personal Data and copies thereof to you on termination of the contract unless required by Applicable Laws to retain the Personal Data. You hereby instruct us to retain and then destroy the Personal Data in accordance with Schedule 1 paragraph 3; and
- maintain complete and accurate records and information to demonstrate our compliance with this clause 16 and allow for and contribute to audits, including inspections, by you or your designated auditor.
- You grant your general authorisation for the engagement of sub-processors by us under these terms. Details of the sub-processors already appointed are set out in schedule 1. We shall inform you in writing of any proposed appointment or changes to sub-processors engaged, thereby giving you the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). You are deemed to have authorised the appointment unless:
- We fail to notify you of intended appointments; or
- You object to the appointment within 10 working days after we notify you of any intended appointments.
- On the appointment of a sub-processor, we shall enter into a written agreement with the sub-processor on terms that provide at least the same level of protection for the Personal Data as this clause 16 and meet the requirements of the Data Protection Legislation. We shall remain fully liable for all acts or omissions of any sub-processor.
- Data sharing terms
- You acknowledge that we may process certain Personal Data as a Controller. This includes (but is not limited to):
- Processing the names and business contact details of your staff for contract administration purposes.
- Using Personal Data for reporting, development, and analytics purposes, for example, to help us see how the Integral platform is used, to help us to improve it, and to help us develop new services.
- If we need to use User Personal Data to investigate any misuse of our platform.
- As set out in our privacy notice (see clause 18).
- In respect of the Controller Personal Data, in addition to the obligations set out at clauses 16.2-16.3, each party shall:
- be responsible for providing clear and sufficient privacy notices to Data Subjects; and
- be responsible for dealing with and responding to requests from Data Subjects, enquiries, or complaints it receives, unless otherwise agreed between the parties.
- Our responsibility for loss or damage suffered by you if you are a consumer
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
- When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. If you are a consumer we only supply the services for to you 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 18.
- Our responsibility for loss or damage suffered by you if you are a business
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Subject to clause 18.1:
- 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
- our total liability to you in any Subscription Term for all other losses arising under or in connection with this contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to an amount equal to 300% of the amount of the subscription paid by you to us for your subscription in that Subscription Term.
- Nothing in these terms shall limit or exclude our liability for:
- How we use User Personal Data
- Further information about the way in which we use User personal data as set out in our Privacy Notice.
- Other important terms
- We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. - You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. - Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms. - If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. - Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date. - Which laws apply to this contract and where you may bring legal proceedings if you are a consumer
These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts. - Which laws apply to this contract and where you may bring legal proceedings if you are a business
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) 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.
- We may transfer this agreement to someone else
Schedule 1
Processing, personal data and data subjects: processing by us in relation to business customer’s personal data
- Subject matter of the processing
Enabling access to the Content. - Nature and purpose of processing
User Personal Data: this is stored to enable access to the Content for such Users. We may perform such processing operations on the Personal Data as required to provide the Content to Users, such as storage, retrieval and making available. - Duration of the processing
For as long as a User is a User under these terms, plus 12 months, after which date the Personal Data in relation to that User will be deleted. - Types of personal data
The following information is required by Integral for each User who is identified as an individual:- First name
- Second Name
- E-mail address
- Home city/town
- Country
- Time Zone
- Description (space for some paragraphs about the User)
- User Picture
- User Picture Description
- First name – phonetic
- Surname – phonetic
- Middle name
- Alternate name
- List of interests
- Web page
- ICQ number
- Skype ID
- AIM ID
- Yahoo ID
- MSN ID
- ID number
- Institution
- Department
- Phone
- Mobile phone
- Address
- Categories of data subject
Users who have access to the Content. - Authorised sub-processors
- UKFAST (https://www.ukfast.co.uk)
- Xero (https://www.xero.com/uk)
Last updated July 2024