Essential Media Theory
Subscription & Class Membership Services
Terms and Conditions
Subscription Fees: the subscription fees payable by the Customer to the Supplier for the User Subscriptions, as set out in the Order Confirmation.
Subscription Term: the term of the Contract (including any Trial Period) as set out in the Order Confirmation.
These terms and conditions set out the terms and conditions between you, the customer, and Essential Media Theory trading as essentialmediatheory.com (“us”), governing the use of our website and the Revise It! Subscription content therein (the “products”). Your use of our website, and purchase and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.
2.0 License and Use
Your purchase of one of our products constitutes our granting to you of a non-transferable license to access that product for the purpose of revision and educational development. You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us, reduce our competitive advantage, or damage our reputation.
3.0 Intellectual Property
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
4.0 Trial Period
If a Trial Period is specified in the Order Confirmation, and in consideration of the payment by the Customer, the Supplier hereby grants the Customer a non-exclusive, non-transferable right to permit it and the other Authorised Users (if any) to use the Services and the Documentation during the Trial Period. The Customer acknowledges and agrees that the Services offered during the trial period will be automatically charged at the end of the identified period if the Customer does not give notice to the Supplier before the end of the Trial Period that they do not wish to continue with the Services for the full Subscription Term.
During the Trial Period, the licence in clause 2.0 may be terminated immediately by the Supplier giving written notice if the Customer, or any Authorised User, is in breach of any of these Conditions (with any reference to the Subscription Term being read as the Trial Period).
5.0 Refunds and Chargebacks
Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider, including your credit card provider or Paypal. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time, and vouchers are redeemable at our sole and absolute discretion. Vouchers may not be redeemed in conjunction with any other offer.
6.0 Warranties and Liability
We make every effort to ensure that our products are legally compliant, viable, and sound for our customers. However, you acknowledge that none of our products constitute a guarantee to pass exams or achieve exam success. The products may be used only as a guidance in conjunction with your own independent knowledge and teacher advice. We take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product with regard to any guarantee of exam success, whether express, implied or statutory, including without limitation any warranties of fitness for particular purpose.
You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
7.0 Client data
7.1 The Customer (or its clients as may be agreed between the Customer and its clients) shall own all rights, title and interest in and to all of the Client Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Client Data.
7.2 In the event of any loss or damage to Client Data, the Customer's sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavours to restore the lost or damaged Client Data from the latest back-up of such Client Data maintained by the Supplier. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Client Data caused by any third party (except those third parties sub-contracted by the Supplier to perform services related to Client Data maintenance and back-up).
7.3 In respect of all personal data processed by the Supplier on the Customer’s behalf when performing its obligations under these Conditions, the parties record their intention that the Customer shall be the data controller and the Supplier shall be a data processor and in any such case:
(a) the Customer acknowledges and agrees that the personal data may be transferred or stored outside the EEA or the country where the Customer and the Authorised Users are located in order to carry out the Services and the Supplier’s other obligations under these Conditions;
(b) the Customer shall ensure that the Customer is entitled to transfer the relevant personal data to the Supplier so that the Supplier may lawfully use, process and transfer the personal data in accordance with these Conditions on the Customer's behalf; and
(c) the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation.
7.4 The Supplier reserves the right, without prejudice to its other rights and remedies, to restrict the amount of Client Data stored by the Customer on the Service to a level that matches the User Subscriptions, and to restrict access to or remove any Client Data, at the Supplier's sole discretion, stored on the Service in excess of that level.
8.0 Class Subscription services and class subscription memberships
8.1 With regard to ‘class subscriptions’ - ‘student’ members are those customers who identify as ‘students’ when enrolling. Likewise, those members who identify as ‘teachers’ are accorded a class membership ‘teacher’ status. Regardless of ‘teacher’ or ‘student’ student status, all members enrolling in class membership services agree to the sharing of data generated by the Essential Media Theory service. Members joining class subscriptions as ‘students’ as such unequivocally agree to the sharing of data with those members signed up to their subscriptions as ‘teachers’.
8.2 Essential Media Theory will share member data with those members accorded ‘teacher’ status. Data shared will be limited in nature to include: quiz attempt scores for both right and wrong responses as well as calculated percentages achieved in any activities undertaken, tallies and dates of flashcard sessions and quizzes attempted by members enrolled on class memberships. Data connected to activities can be shared with up to ‘three’ teacher members who associate themselves with individual class membership subscriptions.
8.2 Members who send or are sent ‘teacher’ access codes for class memberships take full responsibility for the administration of these codes. Essential Media Theory will accept any liability for code safety in this regard.
8.3 Members who sign up as ‘teachers’ and ‘administrators’ to class subscriptions are responsible for the safety of ‘student’ generated data that the site gives them access to and that arise from class subscription activities. They have a particular responsibility to ensure that ‘teacher’ access codes aren’t shared with third parties who might thereafter access student generated data intended solely for the purposes of designated class membership subscriptions. Essential Media Theory will not accept any liability for data breaches incurred as a result of teacher error. Essential Media Theory reserves the right to cancel memberships where serious breaches of student data take place.
8.4 By enrolling as ‘teacher’ members customers agree to not share ‘teacher’ log-in details with anybody other than those co-teachers who deliver relevant educational content within their school or college setting. Teacher members also agree to share class code log-ins with students solely from the educational establishment they work in
8. 5 Essential Media Theory reserves the right to cancel any membership (student or teacher) without refund when members act in ways that undermine the spirit, public standing or purposes of the subscription services offered or where data breaches occur that undermine the credibility of the services offered by Essential Media Theory.
8.6 Members enrolling as ‘students’ on class membership subscriptions agree not to share class codes or log-ins. Essential Media theory reserves the right to cancel without refund any ‘student’ members who does not adhere to this aspect of the terms and conditions.
8.7 Essential Media Theory reserves the right to cancel used and unused licenses designated to a class membership accounts one year and three months after the first teacher enrols on a class subscription. Licenses that are unused can not be exchanged or refunded.
8.8 Essential Media Theory reserves the right to delete all data related to a class membership six months after memberships have lapsed.
These terms and conditions constitute the entire agreement and understanding between you and us, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise.
The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver.