Terms and conditions
These terms and conditions are the contract between you and TeachersXchang LTD (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
I / We are TeachersXchange Limited, a company registered in The United Kingdom, number 13181292. Our address is 28 Cornmill Lane, Liversedge, UK
VENDOR TERMS AND CONDITIONS
Vendors who list digital products on our website Agree NOT to:
-List any digital product that they do not own, have created themselves or have permission to sell.
-List any product that includes copyrighted material, images or video that you do not have permission to sell.
Vendor Sales Agreement
-Any Digital product listed on TeachersXchange is owned by the author and is protected by copyright laws. Users are buying licenses to use your material with their students.
-Commissions will be paid out once monthly, this date may change and the vendor will be notified if this happens
-Vendors can track sales in their dashboard
-For further information regarding commission rates and payment dates please see Vendor Help and Vendor FAQ’s Pages
USER TERMS AND CONDITIONS
Users who buy digital products on TeachersXchange Agree NOT to:
Users who buy digital products on TeachersXchange should be aware of the following:
***All rights are reserved by the author of any digital product sold on TeachersXchange. Any digital product bought on TeachersXchange is to be used by the original license holder only, with his/her/their students.
A lot of time and effort was spent developing digital products on TeachersXchange. Copying for more than one teacher, classroom, department, school or school system is prohibited unless the appropriate number of licenses are purchased, which can be done by purchasing another copy. 1 purchase = 1 license. The product must not be distributed digitally to non-license holders, posted online including for public view, altered or tampered with, plagiarized, resold, or redistributed in any manner. Failure to comply is an infringement on legally enforceable and prosecutable copyright law and a violation of the Digital Millennium Copyright Act. Please report any potential misuse by contacting Founder@TeachersXchange.com
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
The terms and conditions:
In this agreement:
“Carrier” | means any person or business contracted by us to carry Goods from us to you. |
“Content” | means any content in any form published on Our Website by us or any third party with our consent. |
“Goods” | means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. |
“Our Website” | means any website of ours, and includes all web pages controlled by us. |
“Post” | means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly. |
In this agreement, unless the context otherwise requires:
OR
AND
OR
We take care to make Our Website safe for you to use.
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
(This is the first of two options, depending on your customer base. Option one: use this option for sales to consumers anywhere in the UK or EU. You are free to use it for all other customers if you so decide.)
(Option two: use this option (to the end of this paragraph) to sell to anyone except EU consumers. It is more favourable to you.)
OR
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
The following terms apply in the event of a dispute between the parties:
It shall be deemed to have been delivered: |
if delivered by hand: on the day of delivery; |
if sent by post to the correct address: within 72 hours of posting; |
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but the parties could miss or accidentally delete the message]. |
Explanatory notes:
E-commerce terms and conditions template: retailer of goods
General notes
For an online retailer of goods the new Regulations are evolutionary rather than a revolution. We have written a number of articles explaining each point.
To keep it simple, If you sell physical goods then the Regulations apply to you as on any seller of goods and you must comply with the Regulations in respect of goods.
The main provisions which affect your business are first, provision of information relating to goods and your identity; and second, the cancellation provisions.
The required information is explained fully in our article “Information requirements for Distance Contract”. Here is a short version:
a. description of the main characteristics of the goods;
b. the total price of the goods inclusive of VAT;
c. Your identity, land address and full contact details;
d. the arrangements for payment and delivery of goods;
e. the telephone cost of communicating with you when it is not calculated at the basic rate;
f. the existence of your customer’s right to cancel the contract; and the conditions, time limit and procedure for exercising that right;
g. whether, if the customer exercises the right to cancel, he must bear the cost of returning the goods;
Next, we will tell you about the cancellation provisions.
If the customer at any time chooses to purchase goods from your website, he may cancel his order within 14 days without giving any reason. When he cancels the order, you must give him his money back within 14 days after receiving the cancellation order.
Please note: When you sell goods to consumer, you have no choice but to inform your customer about his cancellation right and provide cancellation form. That means your customer may cancel the order and return the goods. This document is drawn allowing you to fully comply with the Regulations.
The Act applies to all personal data you collect, use or store. The scope includes data about any INDIVIDUAL.
We have drawn a comprehensive privacy notice. It reassures your website visitors that you take their privacy seriously. More importantly, your adopting it will prompt you to make whatever changes are necessary in your day to day business. You can download it at https://www.netlawman.co.uk/d/website-privacy-policy
For this terms and conditions document, you do not have to explain to customers that you comply with law – any more than you would tell them you comply with any other law. This document is your legal contract with your customer or client.
Nonetheless, if a customer or client takes the trouble to read this T&C document, the reason is probably because they seek re-assurance. For that reason, and not for any legal reason, we have included a few points of information. There is no reason why you should not do so too. If you do, we strongly advise to keep them very short and that you check most carefully that you are not adding text that could result in your contravening the Act.
As a vastly reduced summary, the important areas of the Act to consider are:
You may find full list at:
We have drawn this terms and conditions document on the assumption that you would make practical changes on your website and use an updated privacy notice. So as to allow you to run your business seamlessly while complying with Act.
We assert our copyright in this document. When you downloaded it, you agreed to our terms and conditions, which set out in full how it may and may not be used. Without amending those terms, we remind you that you may not distribute it further or republish it in any way without permission from Net Lawman. Solicitors, accountants and other professional advisers may re-use the document as for any legal precedent.
Once you have edited the document for final use, you may remove the copyright notice in the footer.
If you would like our legal team to check your edited version, we offer a document review service.
Please contact our support team at support@netlawman.co.uk for further information.
Paragraph Specific notes:
Notes numbering refers to paragraph numbers.
Every business is different, not only in terms of the product or service being offered, but also the processes. The defined terms that we use are unlikely to suit most businesses perfectly.
By all means use the search and replace function in your word processor to change them, either to other general adjectives, or to specific product or service names. For example:
We use You might decide to change to
“Goods” “Products or Toys”/ “Headphones”
“Our Website” “The ToyStore Site”/ “The Site”
But if you do change the defined word, make sure it applies to every use of it in the document. Remember too, that when a word or phrase is defined, the defined meaning, capitalised, takes precedence over the common meaning of that word or phrase.
You should first decide on the contents of the document, then return to check what definitions are needed and whether they really fit the text you have left in place.
Leave these items in place unless there is a good reason to edit or remove. Many of them strengthen the framework within which the agreement operates.
This paragraph prevents a party from later saying he was relying on some other document or web site or conversation.
This paragraph establishes the contract. This is very important in an Internet contract because there are so many places in the buying procedure where it could be claimed that the contract has been completed. By leaving the point at which the contract is formed as late as possible, you avoid a position arising where:
There are three options. Make quite sure that one of these accurately reflects the way your order process works.
You must edit these paragraphs to make sure that they reflect how your business works.
This paragraph is more for information than contractual commitment. We have included it here because many users are reluctant to make payment, so this assurance given at the point of sale will allay their fears.
For payment you may have various alternatives like the PayPal, Bacs and cheque. Edit this paragraph accordingly.
If you sell only to businesses and organisations, delete this and the following paragraph.
This paragraph sets out your customer’s rights as a “gold standard”. In the past, the law has not compelled a seller to disclose his legal obligations. So sellers have not done so. These regulations change that. Because many organisations continue to keep customers in the dark, we believe it is to your advantage to be utterly transparent. Not only will that present you as a high prestige brand, but it will also make clear that you are being unusually helpful and not unnecessarily bureaucratic. There are three pillars of consumer protection:
● Provision of information
● the 14 day cancellation period
● “no fault” return within 14 days of purchase
A buyer’s right to return faulty goods dates back to 1890. It applies today to all goods, as it did then. Recent consumer law has re-enforced the right, but not reduced or increased it.
If goods are not of satisfactory quality, as described and fit for particular purpose they may be returned for a full refund.
The minimum period within which you can insist on returned is six months. However, in common law, the return period depends on the estimated life of the product. If you expect it to last for twenty years, you could reasonably expect replacement for a fault appearing after six years. But your right will dissipate faster in the case of a product which deteriorates fast (shoe laces) or which could have been subject to rough usage (vacuum cleaner, saucepan, carpet)
This paragraph sets out “standard” limits to enable you to comply with the Consumer Rights Act 2015. It also covers your other statutory and common law obligations.
If goods are defective on arrival or within 30 days, the buyer is entitled to a full refund of the cost, the cost of returning them, and, if the buyer is a business, any economic loss arising from your failure to comply with your implied obligations.
If a defect becomes apparent only later, it will not be clear whether the buyer must accept a repair, an alternative, a precise replacement, or his money back. Then it entirely depends upon the nature of goods, defect and your business policy as what is most convenient option for you to repair or replace or refund the cost.
Because most buyers of this document supply consumers, we have provided terms which comply with the Consumer Rights Act 2015.
To comply with the Consumer Rights Act 2015, do not reduce the “guarantee” period below six months. This is requirement of the law.
As for the paragraph on price and payment, there are many alternative ways that your business could work. Edit these paragraphs to suit your business.
It is important to make this point clear if any of your sales are to other countries. It is not simply a question of avoiding expense or dealing with these matters yourself. More important is that if you tangle with the tax authorities of a foreign government, you may find yourself on the wrong side of the law if you later travel to that country.
This paragraph includes terms to return defective goods where your customer is a business or an organisation.
We have provided a sensible set of terms. However, the law everywhere provides that if you sell defective goods or services you are obliged to pay for all foreseeable resulting loss and expense. That is the common law, pre-dating any sale of goods act.
We have added for your convenience provisions for returning which may not be enforceable but which will certainly facilitate the procedure.
The WEEE Regulations are a requirement for retailers who sell electrical goods. If your business does, leave these paragraphs in place, otherwise remove.
We do not have sufficient information about your business to determine how far you can use this paragraph and how binding it will be. We therefore provide an explanation, some parts of which will not apply to you.
Our aim in drawing this paragraph is to limit your liability as far as possible, particularly against events you may not anticipate. We are also aware that you might sell to business, not consumers, and to consumers outside the UK and EU. Note however, that most advanced economies protect their consumers in much the same way as the UK and EU consumers are protected. However, a foreign government would have great difficulty in enforcing its rules against you!
There is a substantial set of law which regulates what you can sell to anyone, so no matter what you put in this paragraph, it will not protect you in contract if you sell something different from what an intelligent customer or client would expect. Comparable law covers every part of the sale and return process.
On top of that solid legal structure is an even larger structure relating to protection of consumer rights. That is because consumer protection is extreme in the UK and EU. If you sell to consumers, even occasionally, you must learn what are your legal obligations. The depth of law is huge – far more than we could ever advise here.
We have therefore provided not merely alternative provisions within this paragraph, but two alternative paragraphs. One version is what you can reasonably say if you deal with consumers; the other is the “hard” version which covers everyone else. Select the version according to whether or not you sell to European consumers.
If you sell Worldwide, you could of course arrange for only users outside the EU to receive the hard version – whoever they are.
It is possible that neither of these alternatives will be entirely enforceable. However we have also specified that any provision which offends should be reduced, as opposed to be deleted. In these paragraphs we have provided a terrific contractual shield – but somewhere there may be someone whose arrows will pierce it.
Our best advice to you is to include these disclaimers so far as they apply to your business, but do not expect that you can conduct your business with disregard to the law. The Sale of Goods Act and Misrepresentation Act and a raft of consumer protection law still apply.
You will see that we have also included in the provision for directors and others to have the same protection. One way to get around disclaimer provisions in the past was to claim not against the company with whom the claimant has a contract but against the directors or others in negligence.
These terms provide some protection in case of customer disputes about use of an account. We recommend leaving these if your website records customer information for subsequent purchases. If they are not applicable, remove them.
This and the following four paragraphs relate directly to aspects of the interface between you and your buyers. The more they are allowed to enter data, upload, download, leave messages, and so on, the greater your risk. You cannot stop a criminal by a term in a document, but you can make clear to regular users, before and after the event, that you will take a tough line for bad behaviour.
The paragraphs in this section have two purposes: the first is the obvious and named purpose of preventing damage to your website and establishing a contractual obligation by your site users not to do so. Secondly, it may assist in protecting you from civil or criminal charges for which you may otherwise be liable as a result of what someone else posts to your website.
No matter what you put in these paragraphs, there is no certainty that you may not be the subject of some sort of attack or other problems. However, we do think it is worth providing a full and strict policy. By doing so, you have the best possible defence against anyone who claims he has been insulted, injured, defamed, or whatever.
Of course, anyone who wishes to continue to use your business will comply.
We suggest that you edit these paragraphs in line with the perceived extent of your risk.
This paragraph continues in the vein of the previous one. As you see, we intend to make clear that certain other activities are prohibited.
It is a question of balance and maybe how your buyers will react. You are free to delete all or any of it.
This particular paragraph covers a sensitive issue. You should edit to suit the way you operate your business. You need to provide a balance between making precise promises which could trip you up on the one hand and giving a tight enough framework to convince doubters that you will not sell their data. You should also make sure you have the current Net Lawman privacy policy in support.
This paragraph is targeted at anyone who is aggrieved by your site content. He may or may not be one of your customers. By stating and following this policy you will reduce the chance of any claim for defamation, breach of copyright, and so on. Depending on how you attract acceptance of the terms generally, this paragraph may not be enforceable against a visitor who has not explicitly agreed to these T&C (for example, visitors who are not subscribers).
There is an intentional overlap here with the paragraph on restrictions on posting. Your need for this provision also depends on the extent to which users are able to post content of any sort. Delete provisions which are stronger than you need.
We suggest no edits.
Few business managers appreciate just how much IP is owned by the business. There is an enormous variety of IP rights, from domain names to trade marks.
We suggest that you edit these paragraphs, but keep them within the document.
This paragraph sets out standard terms as required under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. Our opinions are as follows:
UK courts have more or less insisted on litigants going to mediation in cases where the judge concerned is of the opinion that “heads should be knocked together”. (Net Lawman documents have included a mediation paragraph for 15 years!)
The purpose of mediation (the most common form of ADR) is to settle a dispute. In practice it should not matter who is the mediator. Of course you should try to find someone with the appropriate experience of business and commercial life, but the requirement for a “qualified” person is meaningless. Mediation is not a subject you can learn from a book. So, if you need to find a mediator, you will have no trouble in finding someone acceptable to both sides.
Mediation costs money. £1000 to £3000 would be the approximate rate outside London, for reading the papers and giving a full day. So if the sum in dispute is less than £10,000, even mediation may be unacceptable.
In many countries, arbitration is either unregulated or confined to international issues like shipping and insurance. Here in the UK, it is regulated very precisely by the Arbitration Act 1996.
As a result of that act, arbitration entails very similar procedures to those in formal litigation. Most arbitration is as expensive and time consuming as litigation. It is certainly not “alternative” dispute resolution in a way that saves time or money. That is why the courts do not promote it. We advise that you avoid it!
The Regulations require that if you know of a mediator, you should provide details. However, it seems to us that the last person your opponent would agree to use is someone with whom you already have a relationship. Indeed, it would be immoral if that person even agreed to accept repeated instructions.
The law requires that when your internal complaint handling procedure is exhausted then you must tell your customers about using a mediation or arbitration platform. Your obligation is not to force the customer to use these means of dispute resolution but just to provide information. This is to encourage the customer to use ADR rather than litigating.
You may find more details at:
http://www.legislation.gov.uk/uksi/2015/542/contents/made
http://www.legislation.gov.uk/uksi/2015/1392/pdfs/uksi_20151392_en.pdf
Do not delete this paragraph. This is the requirement of law.
A number of special points. Unless you have a good reason to delete any one of these, we recommend that they should remain as drawn.
Email communications are usually binding in the UK, but may not be, else where. In any case, not everyone is aware of the legal position. If your business is such that you do not want email to be binding, you may specify that to be the case and so it will be.
Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message.
Rights of Third Parties Act – We have provided reference of two Acts. By all means select the one according to your jurisdiction clause.
Notice of right of cancellation
At the end of the terms document, we have provided the information you must provide to a customer in order to comply with the Regulations. This is not optional. Do not delete or edit.
The first part is your notice to your customers. The second part provides the required information about the cancellation notice followed by the model form. Use a page break before showing these, so that they can be printed easily (if your customer wants to send it by post).
End of notes
This website (“www.TeachersXchange.com”) is operated by TeachersXchange LTD (“we”, “us” and/or “our”), the global organizer of TeachersXchange.com, a registered Limited Liability Company registered in the United Kingdom. Our registered address is 28 Cornmill Lane, Liversedge, WF157DZ. You can contact us as indicated under the “Contact” section in the main navigation.
This privacy policy (“Privacy Policy”) applies to personal data that we collect from you as a user of this Site or as a partner applicant, job applicant, member, vendor, subscriber, or customer (“you” or “your” being interpreted accordingly). It provides information on what personal data we collect, why we collect the personal data, how it is used and the lawful basis on which your personal data is processed, and what your rights are under the applicable data protection and privacy laws.
‘Personal data’ as used in this Privacy Policy means any information that relates to you from which you can be identified.
By using our Site or submitting your personal data you are taken to accept the terms of this Privacy Policy, so please read it carefully.
We collect the following personal data about you:
We use your personal data in the following ways:
We share your personal data with third parties in the following situations:
Any credit/debit card payments and other payments you make through our Site will be processed by our third party payment providers and the payment data you submit will be securely stored and encrypted by our payment service providers using up to date industry standards. Please note that we do not ourselves directly process or store the debit/credit card data that you submit.
We may arrange that card or payment data you submit in support of a member or customer transaction fee is stored for the purpose of processing your member or customer transaction fees.
You may choose to opt out of our third party payment providers holding your card or payment data although this means that you will need to re-supply us with card/payment details to initiate your membership subscription fee or for the purpose of making any future purchases.
Where we have given you (or where you have chosen) a password or log-in which enables you to access certain restricted parts of our Site, you are responsible for doing everything you reasonably can to keep these details secret. You must not share your password or log-in details with anyone else.
Unfortunately, the transmission of information over the internet or public communications networks can never be completely secure. We will take appropriate technical and organizational security measures to protect the personal data that you submit to us against unauthorized/unlawful access or loss, destruction or damage, although we cannot 100% guarantee the security of personal data that you provide to us online.
We will keep your personal data only for as long as is reasonably necessary for the purposes outlined in this Privacy Policy, or for the duration required by any legal, regulatory, accounting or reporting requirements, whichever is the longer. In particular, we retain membership records for six years after expiration or termination of your membership. We retain information submitted through the Site and the other websites we operate for two years following account closure or contact with you, as applicable. When you consent to receive marketing communications, we will keep your data until you unsubscribe.
To determine the appropriate retention period for your personal data, we consider the amount, nature, and sensitivity of the personal data, the purposes for which we process your personal data, applicable legal requirements or operational retention needs, and whether we can achieve those purposes through other means.
Upon expiry of the applicable retention period we will securely destroy your personal data in accordance with applicable laws and regulations. In some circumstances we may anonymize your personal data so that it can no longer be associated with you, in which case it is no longer personal data.
If you would like to delete your Social Media Week account or profile, please send us an email from the email address that is associated with your Membership or Subscriber account to founder@TeachersXchange.com. Please let us know your account email in that email, so that we may complete your request accurately.
You should be aware that it may not be technologically possible to remove each and every record of the information you have provided to us from our servers. The need to back-up our systems to protect information from inadvertent loss means that a copy of your PII may exist in a non-erasable form that may be difficult or impossible for us to locate.
In addition, we have the right to delete any account at any time if required to do so by process of law, or if necessary in order to investigate fraud, a violation of our Terms of Use or in connection with any harm being caused to a third party or their rights.
Questions, comments or requests regarding this Privacy Policy should be addressed to founder@TeachersXchange.com
Any changes we may make to our Privacy Policy in the future will be posted on this page. Please check back frequently to see any updates or modifications. If required by the applicable law, we will notify you of any material or substantive changes to this Privacy Policy.