Please read this Agreement carefully as it governs your use of the teachable.uk website (the “Site”). By continuing to use or visit this website (together with all content available through the teachable.uk domain) you are agreeing to the terms that appear below. Some of the services on the Site are free to access and others are only available on a paid-for basis (“Paid-for Services”). Part A below applies to all services, Part B applies only to the Paid-for Services.
These terms were last updated on 29th May 2015.
All resources have a price in 'credits', the unit for purchasing all files in a resource. A credit is currently set at 90p, with two thirds of the sale (66%) given to the contributor. The number of credits are set by the user when uploading a new resource and can be free (0 credits) if specified. Users can also set a specific file within a resource to be free so that users can download the specified file for free if selected. Users can alter the credit cost of their published resources in 'My Teachable' menu.
1. Provision of Service
The Site is owned and operated by Teachable Ltd (company number 05885867), whose registered office is at The White House, Broadchalke, Salisbury, Wiltshire trading as teachable.uk (“teachable.uk”). If you are accessing the service under your school's Paid-for arrangement, the terms agreed on behalf of your school will apply and will prevail over this Agreement.
2. Website Access
2.1. teachable.uk hereby grant you permission to use the Website provided that agree not to;
(i) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, obscene, libellous, invasive of another's privacy, or otherwise objectionable;
(ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iii) upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(iv) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer equipment;
(v) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(vi) “stalk” or otherwise harass another;
(vii) or collect or store personal data about other users
2.2. Teachable has the right to terminate your access to the Website, at its sole discretion, with or without notice for any perceived or actual breach of these Terms & Conditions.
3. Limited Rights to Use Content
3.1. All material displayed on the Site (“Content”) belongs to teachable.uk or its licensors. Subject to the terms of the Creative Commons Attribution Non-commercial Share Alike license, you print copies, store the files in electronic form on disk, and store the files on a closed school/organisation network for your own personal, educational, non-commercial purposes only. Uploading the Content to a public website, even if it is not charged for explicitly, is considered a breach of these terms. Content on the Website is provided to you “AS-IS” for your personal, educational use only and may not be copied, distributed, broadcast, displayed, sold, licenced, de-compiled, or otherwise exploited for any other purposes whatsoever without teachable.uk's written permission.
3.2. Most of the Content on the Site is owned by teachable.uk but certain Content is used under licence from third parties (“Third Party Content”) and will be marked with the copyright notice of those third parties. Some of the Third Party Content will be subject to additional restrictions – the relevant copyright notice will make it clear where that is the case. You must comply with such restrictions.
3.3. You may not (without prior written permission from teachable.uk):
(i) redistribute any of the Content or supply it to other people outside of your school/organisation;
(ii) remove the copyright or Creative Commons attribution, or remove teachable.uk's link on the first page of the file;
(iii) create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content;
(iv) except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.
4. User submissions
4.1. teachable.uk allows you to submit material or content that you can upload to certain areas of the Site (“User Submissions”). teachable.uk reserves the right to delete, move and edit any material submitted. You are solely responsible for the material or content you submit to the Site.
4.2. You agree that you will not:
(i) submit any Content that you do not have a right to use under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(ii) submit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party, unless you are the owner of such Rights or have permission from their rightful owner to post the User Submission and to grant teachable.uk all of the rights granted herein;
4.3. Contributor Rewards. Material submitted to the Site, if deemed to meet teachable.uk's quality standards, may be sold to other users as part of our Paid-For services. If you agree to participate in the Contributor Reward scheme, and teachable.uk decides to sell your material, you will be due a 66% share of the fees payable to directly download your particular files (as measured solely by teachable.uk). The actual reward per download may increase or decrease depending on paying users to the site, and the number of promotional credits Teachable gives away: Teachable makes no guarantees of future income. Payments will be made on demand in arrears by cheque in Pounds Sterling, subject to a minimum payment of £20. teachable.uk reserves the right to withhold payment for any breach of these terms.
4.4. You retain all of your ownership rights in your User Submissions. However, by submitting material to the Site, you grant teachable.uk a perpetual royalty free, worldwide, non-exclusive licence to reproduce, modify, prepare derivative works of, translate, make available, distribute and sub-licence any material you submit in whole or in part or in any form.
4.5. The Site contains material submitted by users over whom teachable.uk has no control. teachable.uk cannot guarantee the accuracy, integrity or quality of any such material. Some Users may breach these terms and post material that is misleading, untrue or offensive – you must bear all risk associated with your viewing of such material.
4.6. Indemnity – You agree to indemnify and hold Teachable Ltd and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these terms and conditions, or your violation of any rights of another.
4.7 In the event of a breach of copyright, plagiarism or any other abuse or illegality of approved resources being reported to Teachable Ltd we will:
i. respond to the allegation by email within 10 working days;
ii. notify the contributor of the disputed resource by email within 10 working days, if Teachable believes the claim is substantiated;
iii. The contributor has 20 working days from our initial email to respond to the allegation and / or make amendments to the disputed resource.
iv. If after 20 days no response has been received by Teachable, or the file in question is judged to have breached clause 4.2 we may take any of the following actions:
- Remove the file in dispute from the site
- Edit the disputed content from the file
- Keep the file and resource as published, but attribute the content and royalty share to a different author (if the copyright owner so wishes)
5. User Accounts
5.1 You must provide teachable.uk with accurate, complete, up-to-date registration information. On registration, you will choose a user name and password (“ID”). It is your responsibility to notify teachable.uk within one month of any changes to that information (including your email address) by emailing email@example.com.
5.2 If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify teachable.uk immediately by emailing firstname.lastname@example.org.
6. Limited Warranties
teachable.uk will use its reasonable skill and care in making the Site available to you and in ensuring its continuing availability. However, because of the number of sources from which teachable.uk obtains the Content and because of the nature of the Internet teachable.uk does not give you any other warranties. In particular, you should not take the accuracy or availability of the information for granted and teachable.uk makes no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.
7. Limitation of Liability
7.1. In respect of the Content which is available free on the Site, teachable.uk will use its reasonable endeavours to resolve faults but because this content is free you agree that teachable.uk will not be liable for any losses you may incur as a result of your use or non-use of that Content. With regard to the Paid-for Services, you agree that your exclusive remedy (in respect of any claim for breach of contract, negligence or otherwise) shall be limited to correction of the relevant Paid-for Service or, at your option, a refund of the amount you have paid to teachable.uk to receive the relevant Paid-for Service less any reasonable allowance for your receipt of the functioning service.
7.2. Except where we have expressly agreed otherwise, neither you nor teachable.uk will be responsible for any losses that the other suffers as a result of a breach of this Agreement except those losses which are a foreseeable consequence of the breach. Neither party will be responsible for indirect losses which happen as a side-effect of the main loss or damage and which are not foreseeable by teachable.uk and you (such as loss of profits or loss of data).
9.1. teachable.uk is continually seeking to improve the Site and services offered. teachable.uk reserves the right, at its discretion, to make changes to any part of the Site. In respect of any Paid-for Services, we will ensure that any changes do not materially decrease the functionality of those services.
9.2. teachable.uk may change or add to this Agreement as a result of its policy of updating and improving the Site or for security, legal or regulatory reasons. teachable.uk will give you notice of any changes or additions. If you do not agree to be bound by those changes, you should not use the Site any further after receiving notice. Such changes will not affect any contract that relates to ongoing Paid-for Services that you have with teachable.uk at the time of the changes.
The Site contains links to other web sites and resources (either directly or through frames) and, where possible, teachable.uk will make clear where such links are being made. Independent third parties provide these sites and teachable.uk is not responsible and shall not be liable for the availability or content of these outside resources. We encourage you to be aware of when you have left the Website and to read the terms and conditions of each other website that you visit.
11. Limitations if you are under the age of 18
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Term & Conditions. If you are under 18 years of age you are welcome to use the Content in accordance with these Terms, but you are aware that none of the content has been specifically checked for suitability for your use. If you require more information about the suitability of any resource on this site for self-directed learning please contact email@example.com.
12.1. In respect of the free parts of the Site, there is no specific time limit applying to your access and use. However, teachable.uk reserves the right to suspend or terminate your access and use of the free parts of the Site at any time. It may exercise the right with or without notice.
12.2. You may not assign, sub-licence or otherwise transfer this Agreement or your rights of access to the Site.
12.3. Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
12.4. A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
12.5. English law will apply to this Agreement and both you and teachable.uk agree to submit to the non-exclusive jurisdiction of the English Courts.
teachable.uk offers packages of download credits for which it charges a fee (“Paid-for Services”). Details of what is included in those services (and the fee payable) are described in the relevant area of the teachable.uk web site (the “Site”). The General Terms also applies to Paid-for Services and include certain exclusions and limitations on teachable.uk's and your liabilities under this Agreement.
13. Provision of All Paid-For Services
13.1 Each user account is solely for use by you. teachable.uk reserves the right to monitor downloads using your ID. In the event that unauthorised users are accessing files via your ID then, without prejudice to its other rights and remedies, teachable.uk reserves the right to charge you an amount equal to the charges which would have been payable had each unauthorised user subscribed for the Paid-for Services themselves.
13.2. If teachable.uk reasonably believes that your ID is being used in any way which is not permitted by this Agreement, teachable.uk reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved. teachable.uk may terminate this Agreement by giving notice to you if you are in breach of this Agreement and in such case, teachable.uk is not obliged to refund you any fees. teachable.uk may terminate this Agreement if it discontinues a Paid-for Service, in which case it will give you reasonable notice and you are entitled to a refund of that part of any fee which relates to the unexpired period of the relevant service.
13.3. Any unused download credits bought, gifted or otherwise issued will expire one year from the date of issue, or 3 months if you purchased them as an individual subscriber. This does not affect your right to continue using files purchased using spent credits.
13.4. teachable.uk offers a satisfaction guarantee on files downloaded from the site. If you find any spelling, factual or technical mistakes within 30 days of downloading the paid-for file, you are entitled to download credits in compensation so you can select another 2 files of your choice.
13.5. Any other refunds will be given at the discretion of the Company Management.
14. School Accounts
teachable.uk will try to process your payment promptly but does not guarantee that any Paid-for Service will be available to you by any specified time. By submitting your order you are agreeing that we may process your payment and begin the service – once we have done so, you will not be able to cancel the order and receive a refund of the fee paid. If you elect for us to invoice your school, you are responsible for making sure the invoice is paid within 30 days. Any delay in payment may result in you or your school being temporarily barred from using the Site.
15. Personal subscriptions
When you pay for a personal subscription to Teachable you are getting metered access to the paid-for services for 3 months, including an allowance to download files. You may cancel your subscription at any time, but upon cancellation any unused download allowance will be wiped from your count and any premium features disabled. Once purchased, personal subscriptions and renewals cannot be refunded.