URBrainy.com Terms and Conditions

NOTICE TO USER: Please read this contract carefully. Completing your application to use the software licensed herein depends on your declaration that you have read, understood and accept these terms and conditions and our privacy policy which is published separately on our site. You agree this contract is enforceable under the laws of England as a written contract would be. All written materials relating to this site, including these terms and conditions and the privacy policy are published in the English language only. We have no facilities for translating these materials into other languages. Nothing in these terms and conditions overrides your statuary rights under English Law.

1. Registered Office: URBrainy is a trading name of Route One Network, whose full postal address is:Route One Network

   P.O.Box 7533

   Weymouth

   DT4 4FP

   Tel: 01273 78 2792

   VAT Registration Number: 129 0036 42

2. Definitions: “Software” means the software that is downloadable from the URBrainy.com internet site and includes both worksheets and interactive games and activities.

   The “Company” means Route One Network trading as URBrainy.com

   The “site” and the “URBrainy site” mean the Internet site www.urbrainy.com.

3. Changes in the service provided. We are continually making changes to our internet site and the software available in order to improve our service and we reserve the right at our absolute discretion to continue to do so providing this does not reduce the value of the service we offer to you.
4. Audience. The software is designed for use by children and other persons under the age of 18 years, but we only sell to persons over the age of 18 years. It is up to the purchasing adult to give access to the software to students in his/her own home under the terms of this contract.
   For the protection and safety of minors and of the URBrainy staff, no correspondence in any form whatsoever will be undertaken with people under the age of 18 years. All communication should be through the purchasing adult whose credit/debit card is being used for payments.
5. Credit/Debit cards: A credit or debit card is required to subscribe to URBrainy.com. Payments are taken by Worldpay which is a part of the Royal Bank of Scotland Group. This keeps your card details secure and no details regarding your credit or debit card are passed to Route One Network. We do not accept payments by any other means as this is a subscription service and in joining you must agree to the Worldpay terms and conditions as well as those of the Company.
6. Expiry of membership: You may cease your subscription at any time by visiting your account on the URBrainy.com site. Your membership will continue up to the time at which your next subscription would fall due and you may continue to access the software until that time.

   No penalties will arise if you wish to re-subscribe at a later date, but the terms and conditions applying and published on the URBrainy.com site at the time of re-subscription will apply.

7. Amendments to these terms and conditions. The terms and conditions published on the URBrainy.com site at the time of your first subscribing will apply to you and your family throughout the period of your subscription. If at a later date we amend the terms and conditions only the less restrictive clauses will apply to you. Under no circumstances will more restrictive clauses be applied unless we give you thirty days notice by email or otherwise and the opportunity to cancel your membership. We would only do this if we deem this necessary as a result, for instance but not exclusively, of a legal ruling or similar circumstance.

   For example, if future terms and conditions increased the number of users per family to three from the present two, this would automatically apply to you, but if we were to restrict the number to one you would continue to have the benefit of two simultaneous accesses.

8. Extension of rights to use of the Software: Any agreement to extend the use of the Software beyond that defined in these Terms and Conditions must be made in writing by the Company.
9. Use of the Software: You are permitted to use the software in your own home for members of your own family only, including fostered and adopted children. You are permitted to download the software to a maximum of two users within your household simultaneously and there is no limit to the number of times any particular piece of software may be downloaded during your subscription period as long as it is for your family’s use only. Technical difficulties notwithstanding, you may download the software at any time, day or night, as long as your subscription is current. Worksheets may be printed for your family’s use, but it is expressly forbidden to give these to persons outside your family or to allow them to be copied by any means for use outside your family unless an appropriate licence has been acquired. It is also expressly forbidden for you to release your user name and password to persons outside your family to allow them to access the Software.
10. Liability: The software has been extensively tested and checked for errors, both technical and mathematical, but no responsibility will be accepted by the Company for any damages arising from use of this Software, inability to use it, failure of a child or adult to pass any examination or test or to reach a set level of attainment, personal injury, loss of profit or business interruption or consequential damage, even if the Company has been advised of the possibility of such damage.

    If Route One Network is found to be liable under English Law, damages will be limited only to the total subscription paid.

11. Copyright: The copyright of all the Software is owned by the Company. Worksheets and interactive activities may not be altered in any way and must be used as supplied from the URBrainy.com internet site. You may not rent, lease, sublicense, lend or transfer any of the software or copies of the software to persons outside your own immediate family. You may not alter, modify the software or translate, disassemble or reverse engineer the software.
12. Warranties: As the material is being downloaded from the Internet, you accept that occasionally errors and omissions will occur and while we will make every reasonable effort to maintain the reliability of the service, we make no guarantees or other warranties with regard to one hundred percent access to the site for all customers. In particular, we do not warrant that the service will be free from viruses or other destructive elements nor that the site will be free from attack by hackers or other persons or programs.
13. Cancelation: You have the right to cancel your service within 7 days. On doing so, you will receive a refund and you must cease to use the software immediately.
14. Termination of the Service: If Route One Network ceases to trade or decides at its sole discretion to cease providing the service described herein, customers will be given 30 days notice and all payments stopped. You will then be able to access the material on the site for a further 30 days from the date of notice.
15. Third parties: No person who is not a party to this contract shall have any right to enforce any term or condition or be entitled to any remedy or compensation save that which exists under English Law.
16. Refunds: If there is an error with payments, you are entitled to receive a full refund of any over charged amount.
17. Free Registration The purpose of our free trial is to ensure that the printing of worksheets and the playing of games function correctly for the registrant and is restricted by time and number of printouts. We may vary these from time to time. Our free registration and trial period is restricted to one trial per family, household, school or establishment. We reserve the right to not allow a trial for any reason, including suspected multiple trials from the same person or establishment.
18. VAT All price are inclusive of VAT where applicable except where noted.