User Agreement

Teach Your Monster: User Agreement App and Web

The Basics

This User Agreement is to be read in conjunction with the following:

It is possible that you may enter into this Agreement as a consumer or as a business. A consumer is a person that is acting outside the course of their business, craft or profession (a practical example being a parent that wishes to use the Game Service to teach their children as a User). You have different rights, and we have different obligations, depending on whether you are a business or a consumer. We do not attempt to limit or restrict liability towards consumers where we are not able to do so under applicable consumer laws.

1. Introduction

This Teach Your Monster User Agreement (the “Agreement”) is a legal document which sets out your rights and obligations, and those of Teach Your Monster Limited, incorporated and registered in England and Wales as a company limited by guarantee with Company Number 08821419 (“TYM Ltd”, “Teach Your Monster Ltd.”, “we” or “us) and in relation to the Game Service.

You must take the time to read and understand this Agreement before registering for the Game Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Site and/or Game Service who do not register to become a User similarly affirm that they are bound by this Agreement each time they access the Site and/or Game Service.

Some of the points addressed in this Agreement will have relevance only if and when certain functionality, such as the ability for Users or Students to interact with each other through the Game Service, is introduced by us. However, it is important that we make you aware of those points at the time you enter into this Agreement with us.

You should be aware that this Agreement may change from time to time in accordance with Clause 18 below.

2. Registration

When you register to become a User, we ask you to provide some information about yourself. You must be honest about this information.

You must not choose a username that could potentially infringe anyone’s rights, which is intended to confuse, or which is offensive, hurtful or otherwise inappropriate, as reasonably determined by us. We may change a username if we think it offends this Agreement.

Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we may send you important messages there. If you change email address, then you must inform us of the new address through your account on the Game Service.

3. Accounts for Students

Users may set up individual Accounts for their Students. We are sensitive to the privacy and child protection issues that arise from being provided with information that uniquely identifies an individual child: we do not wish to be put in a position whereby we hold that kind of information. Therefore, we strongly recommend that Users identify Students’ accounts by names that are anonymous or incomplete.  Do not use student’s full names.

Note that we do not request or hold email addresses for Students – only for Users.

4. Privacy policy

TYM Ltd's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your acknowledgment to the way we may handle your personal data as detailed in that policy.

5. Charges

Our Game Services may be made available in return for payment of charges (“Charges”) by you. These Charges (which are inclusive) will be displayed at the point of purchase, whether through the Site, the Amazon Appstore, the Apple Store or the Google Pay Store (additional terms will also apply in relation to your use of such Stores). The Charges must be paid by you to us in order for you to access the relevant Game Service and we can disable access to such Game Service where the Charges are not paid.

In some circumstances, a Game Service may be made available on a subscription basis (“Subscription”). This means that you are required to pay the Charges (“Subscription Charges”) on a continuing basis until your Subscription comes to an end. The frequency at which you must pay the Subscription Charges depends on the Game Service that you have purchased. However, this will be displayed to you before you agree to the relevant Subscription. Most Subscriptions are made available by us on a rolling monthly basis. 

Consumers in the United Kingdom generally have a right to change their mind within 14 days of a contract being entered into. However, this right does not apply where the contract is for the supply of digital content that is supplied immediately. In this case, once you have purchased a Game Service, you will not have a legal right to change your mind and receive a refund. 

In the case of subscriptions, you may manage and cancel your subscription at any time through your account settings in the applicable app store (including the Apple App Store, Google Play Store, or Amazon Appstore). If you cancel, your subscription will remain active until the end of the then-current billing period, and you will not be entitled to a refund for any unused portion of that period unless otherwise required by applicable law.

6. Games and other Media; new services

We provide you with access to games, videos, printables, and other forms of content (collectively, “Media”) through the Game Service. We grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited licence to use the Media on any compatible computer or other device from which you access the Game Service. All Media is protected by copyright and other intellectual property laws and treaties and is owned by us, our affiliates or licensors. You may not sell or redistribute the Media. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Media or otherwise attempt to derive the source code, except where (and to the extent) expressly permitted by law to do so. You may not modify, adapt or create derivative works from the Media in any way or remove proprietary notices in the Media.

TYM Ltd or its affiliates may offer new or additional services through the Game Service from time to time. Your use of them may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement. We reserve the right to introduce or otherwise amend charges for the Game Service in the future.

7. Operation of Game Services

TYM Ltd reserves the right to withdraw or modify aspects of the Game Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Game Service becomes inaccessible as a result of technical difficulties experienced by TYM Ltd or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. You agree that given the nature of the Game Service we cannot guarantee that it will have 100% uptime or that it will not be free from defects from time-to-time.

There may be times when we make the Game Service unavailable so that we can conduct technical work on it. Therefore, please note that we cannot guarantee that the Game Service will always be available at times of your choosing.

Note that we will never ask you for your password, and that you are solely responsible for maintaining the safety and secrecy of your password and any additional identifying information. You will be responsible for the activities of anyone who uses your password to gain access to your account. If you think that someone may have obtained your password, you must change it immediately.

8. TYM Ltd's Role

We are not and cannot be responsible for the behaviour of Users - whether on the Game Service or outside of it. In particular, you should be aware that TYM Ltd does not pre-screen or monitor the material contributed by Users.

You can report all inappropriate communication or behaviour to us at [email protected].

9. Misuse of Game Service

The Game Service is intended to be used by its Users for the purposes we describe in this Agreement and on the Game Service itself. Accordingly, Users must not (a) place material on, or otherwise use, the Game Service for any business or commercial purpose; or (b) use their access to the Game Service, or information gathered from it, in connection with the sending of unsolicited bulk email (sometimes known as spam). In addition, Users must (and must procure that Students associated with the User’s account) not (i) be abusive, discriminatory or threatening, or harass or communicate offensive messages or images to another User or any Student, whether or not through the Game Service; (ii) infringe the intellectual property or other rights of any person or entity, (iii) breach any applicable law, whether criminal, tortious or otherwise, or (iv) disrupt others’ use of the Game Service.

We reserve the right (a) to suspend or terminate any User's access to the Game Service, or parts of it, and/or (b) to remove, or require the User to remove, material posted on the Game Service, if the User or material appears to us, or to someone who has complained to us, to be in breach of any provision of this Agreement. We shall have no obligation to return any Charges in this eventuality.

Any person whose access has been suspended or terminated must not re-register for, or re-access, the Game Service without our prior consent (which may be withheld or provided subject to conditions). You are responsible for everything which is done on or through the Game Service while your User account (or the accounts of any Student associated with your User account) is logged on to the Game Service, or through your or their email address(es).

For completeness, where we reserve a right in this Agreement, it does not mean we are obliged to exercise it.

10. Alerting TYM Ltd

If you see anything on the Game Service which appears to infringe this Agreement, then please contact us to inform us of it by emailing us at [email protected]. We rely upon Users to point out material contributed by other Users which may infringe this Agreement.

11. Disclaimer and Release

TYM Ltd has no control over or responsibility for the truth or accuracy of any material available on the Game Service that is provided by Users or others. If any third party sites are linked to from the Game Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it. You should exercise no lesser degree of caution in appraising what you see on the Game Service than you do offline.

Even though Users are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are. Whilst we actively take steps to takedown material that breaches this Agreement you acknowledge and agree that we provide no assurance or guarantee that we will do so in a particular period of time. 

To the extent that the law permits, you release TYM Ltd its directors, contractors and employees from all liability (including in relation to disputes with other Users) arising out of your use of a third party site or arising out of or in connection with the material included on the Game Service by Users and other third parties.

You acknowledge that we make each Game Service available on an “as is” basis and without any warranty, assurance or guarantee that receipt and access to the Game Service will achieve any particular result. The Game Service is intended to operate as an additional support tool for Students and is not intended to replace their traditional education. We shall have no legal responsibility should a Student fail to achieve a particular grade or result.

12. Intellectual Property

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Game Service (including the Media and other content that we make available) are owned by TYM Ltd or its licensors. These rights protect all of the games you see on the Game Service, including the graphics of those games, their structure, gameplay and their “look and feel”. It is easy to copy material which appears on websites, but this does not mean it is legal. Therefore, no-one may copy, distribute, communicate to the public or create any derivative work from the Game Service, or any part of the games or other material which is found on the Game Service unless properly licensed to do so by us.

By submitting any material to the content to the Game Service, you:

13. Data Protection

13.1 In this clause 13, the following terms shall have the following meanings:

“User Personal Data” means personal data of an individual who creates an account to use the Game Service.

“Data Protection Legislation” shall mean the Data Protection Act 2018, the UK General Data Protection Regulation, the Privacy and Electronic Communications (EC Directive) Regulations 2003 or any successor and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner’s Office including any amending or replacement legislation in force from time to time.”

“Data Controller”, “Data Processor”, “Data Subject” and “Personal Data”, , “Special Category Data”, “Personal Data Breach”, processing and appropriate technical and organisational measures shall have the meanings given to them in the Data Protection Legislation.

“Purpose” means the use of User Personal Data for the purposes of performing the Game Service in accordance with the Agreement.

13.2 Each party acknowledges that the factual arrangement between them dictates the role of each party in respect of the Data Protection Legislation.  Notwithstanding the foregoing, the parties anticipate that you shall act as a Data Controller and we shall act as a Data Processor in respect of processing the User Personal Data as follows:

(a) We shall be a Data Controller in respect of the User Personal Data used to register an account to use the site;

(b) We shall be a Data Processor where we are processing User Personal Data on behalf of schools/educators and/or teachers for the Purpose;

(c) There may also be circumstances where we act as a Data Controller (for example in relation to any User Personal Data we collect to administer the Game Service or where we contact Users for marketing purposes).

13.3 We each agree to comply with the Data Protection Legislation in relation to the User Personal Data at all times.

13.4 Where we process User Personal Data on behalf of schools/educators and/or teachers, section 12.5 of the Agreement will apply, however where we act as a Data Controller we will not be subject to section 12.5 of this Agreement.

13.5 Schedule One sets out the scope, nature and purpose of processing by the Provider, the duration of the processing and the types of Personal Data and categories of Data Subject.  When processing User Personal Data on behalf of schools/educators and/or teachers, we shall:

(a) Only process the User Personal Data for the Purpose and we will not use the User Personal Data for any other purpose;

(b) Maintain appropriate technical and organisation processes, procedures and security measures in place, to safeguard against any unauthorised or unlawful processing and against accidental loss or destruction of, or damage to the User Personal Data.  These measures will be 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 (those measures may include, where appropriate, pseudonymising and encrypting User Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to User Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

(c) Ensure that all personnel who have access to and/or process User Personal Data are obliged to keep the User Personal Data confidential;

(d) You consent to us transferring User Personal Data outside of the UK and the European Economic Area where the transfer is conducted in accordance with the Data Protection Legislation;

(e) Notify you of any potential or actual losses of the User Personal Data and/or of any Personal Data Breach without undue delay and provide co-operation and assistance to you to enable you to comply with your obligations as a Data Controller in relation to data breach notification requirements under the Data Protection Legislation;

(f) Clause 13.5.(e) above also applies to any breaches of security which may compromise the security of the User Personal Data;

(g) Provide you with reasonable assistance in responding to any Data Subject requests in accordance with the Data Protection Legislation;

(h) Comply with your reasonable instructions notified to us in advance with respect to the processing of the User Personal Data

(h) Provide you with reasonable assistance in responding to any request for information received from the Information Commissioner’s Office;

(i) Upon your written request, delete or return User Personal Data and any copies thereof to you on the termination of the Agreement unless we are required by law to retain the User Personal Data;

(j) Maintain complete and accurate records and information to demonstrate its compliance with this clause 13.5(j) and allow for audits by you or your designated auditor.  Any such audits shall only be permitted where you have provided reasonable advance notice to us in writing;

(k) You consent to us appointing sub-processors as third-party processors of User Personal Data under this Agreement to assist us in delivering the Game Service to you under the Agreement.  We confirm that we have entered or (as the case may be) will enter into a written agreement with the third party processor substantially on that third party's standard terms of business. You also consent to us appointing any replacement third party processors.  Here is an up to date list of our third party processors. You are responsible for regularly checking the site for any changes to the list of third party processors;

(l) Maintain registration with the Information Commissioner’s Office where required to do so under the Data Protection Legislation to process the Customer Personal Data for the Purpose.

14. Excluded loss

We will not be liable to you or any third party for any:

that arises under or in connection with this Agreement, the Site or any Game Service (in each case whether under contract, tort (including negligence), breach of statutory duty, or otherwise).

Where you are a consumer, this means that we cannot be liable for any loss that arises which was not reasonably foreseeable when this Agreement was entered into (although your specific attention is drawn to the disclaimers above).   

15. Maximum liability

To the fullest extent permitted by law, the maximum aggregate liability of TYM Ltd under this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) will not under any circumstances exceed the total Charges paid by you to us in connection with the Game Service that gives rise to that liability. Where the relevant Game Service is provided as a Subscription, TYM Ltd’s maximum aggregate liability shall not exceed the Subscription Charges paid by you to us in the 6 months immediately preceding the event giving rise to that liability. 

16. Non-excluded Liabilities

Nothing in this Agreement limits our liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. 

Any statutory rights you may have as a consumer remain unaffected. We do not seek to limit or restrict our liability under consumer laws where it is not legally possible for us to do so.

17. Indemnity

Where you are using a Game Service as a business, you agree to indemnify us, keep us indemnified and hold us fully harmless for and against any and all claims, compensation, costs, damages, expenses, fees, fines, interest and liabilities that we may suffer or incur as a consequence of any breach of this Agreement by you. We agree to take reasonable steps to mitigate any exposure we may have under the indemnity contained in this clause.

18. Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without the written consent of TYM Ltd assign or dispose of this Agreement.

19. Entire Agreement

This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the Game Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

20. Changes to this Agreement

TYM Ltd reserves the right to change this Agreement from time to time, and post the new version on the Game Service and/or Site (as the case may be). When we do so, we notify Users of the fact on the User’s Account Homepage, and post or link to the new Agreement there. This Agreement, and any new version of it in the future, takes effect immediately or upon such date as we specify on the main screen. However, if you do not wish to be bound by the changes we make in this Agreement (or any new version of it), then you can choose instead to remain bound by the previous TYM Ltd Terms and Conditions until one month after the date when we post the new version. Where the relevant change is to our Subscription Charges (which we may increase at our discretion), your right to access the Game Service in accordance with your relevant Subscription shall terminate at the end of this period. 

21. Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

22. Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Both you and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to determine any disputes arising in connection with this Agreement and its subject matter, unless you, as a consumer, have a right to bring action in your domicile jurisdiction that is not capable of being excluded pursuant to this clause.

23. Keeping this Agreement

We don't separately file the individual Agreements entered into by members when they register for the Game Service. You can access it at https://teachyourmonster.org/legals. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.

23. Contact

You can contact us by post at TYM Ltd, 83-85 Saffron Hill, London EC1N 8RT. Please make sure you include your full name and email address with all correspondence.

Schedule One – Data Processing Schedule

Processing by Teach Your Monster

Scope

TYM will process the data of account holders and users for the purposes of delivering our games.

Nature

For the delivery of our educational game services under the terms of this Agreement. 

Purpose of the Processing 

For the provision of this Agreement and to deliver the Game Service.

Duration of the Processing

For the duration of this Agreement.  Inactive accounts will be deleted after a period of 3 years.

Types of Personal Data (for the full list, see our Privacy Policy)

Account Holder Name

Email Address 

Telephone Number

User Name

Game Play Data

Categories of Data Subjects

Users

Account Holders

Terms and Conditions for Ebooks

These Terms and Conditions apply to all ebooks available from the www.teachyourmonster.org website and Teach Your Monster apps (‘Ebooks’).

By clicking the acceptance button or viewing the Ebook, you agree to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, you must select the button indicating non-acceptance, and must not download the Ebook.

We grant you a limited licence (‘Licence’) to view a single copy of the Ebook, subject to these terms and conditions.

The Licence is granted for your personal use (including use by a child for whom you are responsible) and not for any commercial or business purpose.

You may not sell, rent, lease, or otherwise transfer the Licence to any other person.

You may copy the Ebook for back-up purposes, but in doing so you must not remove any of the original Ebook’s copyright or proprietary notices.

You may not otherwise copy or print the Ebook or adapt or convert the Ebook into any other format or medium.

The Licence does not entitle you to receive from the Licensor any technical support or telephone assistance.

You may only use the Ebook for lawful purposes, and in a manner which does not infringe the rights of any third party.

All Ebooks are donated by Usborne Publishing Limited or other publishers with whom we might enter into agreements, which reserves to itself the copyright and all other intellectual rights in the Ebook, except as expressly provided in these Terms and Conditions.

We warrant that the Ebook complies with its latest published specification and is fit for the purpose for which it is supplied, but we do not give any other warranty or other promise concerning the Ebook.

We take reasonable care to ensure that the Ebook is free from viruses or other harmful components, but do not warrant that your use of the Ebook will be uninterrupted. You download Ebooks at your own risk, including loss of the copy you have downloaded.

We will not be liable to you for any unforeseen losses or any business loss, including loss of profits, which results from your use of, or inability to use, the Ebook.

We will have no liability for the use of any website, content or data provided by a third party that is accessed through the Ebook.

We will not be liable for any failure to perform our obligations under these Terms and Conditions which is caused by circumstances beyond our reasonable control.

We may terminate the Licence immediately by giving you notice at the email address you have given us if you breach any of these Terms and Conditions.

You may terminate the Licence if you no longer wish to use the Ebook.

On termination of the Licence for any reason, you must delete the Ebook and make no further use of it.

Nothing in this Licence affects our liability for fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. Your rights as a consumer are not affected by anything contained in these Terms and Conditions.

These Terms and Conditions are governed by English law and any dispute will be subject to the jurisdiction of the English Courts.

 

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