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PebblePad Personal Account
Terms and Conditions
Welcome to the PebblePad Personal Account. This account is hosted by
Pebble Learning Limited, and is external to any educational or
professional institute. Therefore the Terms and Conditions for the use
of this account may be a little different from any that you have
previously agreed to if you had an institutional PebblePad
account. Please note that use of our PebblePad Personal
Account indicates acceptance of both the Terms and conditions and the
Code of Conduct.
The wording below sets out the terms of the contract on which
Pebble Learning Limited company no. 04922922 with its
registered office at e-Innovation Centre University of Wolverhampton
Telford Campus, Shifnal Road, Priorslee, Telford, Shropshire, TF2 9FT
(‘us’, ‘we’ or ‘our’ in these terms and conditions) provides access for
you the user (‘you’ or ‘your’ in these terms and conditions) to the
PebblePad Personal Account which is an e portfolio service enabling you
to upload files creative materials links and comments (‘Content’) to a
private secure place on our server, to store and organise the files and
use the personal information management and communication facilities
available (‘the Personal Account’)
Only you and those that you choose to invite have access to your
Content.
I Eligibility
You can order a Personal Account if you are at least 14 years of age
and you submit certain requested information to us, including (but not
limited to) your name and correct email address. In addition you agree
to provide us with true, accurate, current and complete information
about yourself when such information is requested by us (in
registration forms or other legitimate informational requests).
The Personal Account is for personal (non commercial) use only and is
intended to assist individuals with learning or personal professional
continuing development.
2 Placing your order and
acceptance
2.1 When you place your order for one or more Personal
Account it is an offer by you to enter into a legal contract with us.
2.2 You and we will only enter into a binding contract when
you receive notification from us that we have accepted your order and
that a binding contract exists from the date and time specified in the
notification.
2.3 Your personal account will be available for a minimum of one year
and will be renewable on the anniversary of the start date unless a
multi-year licence has been purchased. You may continue to use your
personal account for as long as you remain subscribed and you may
extend your licence period at any time.
3. Payment
3.1 The price for the Personal Account is located on the personal
accounts page of our website. The price you will pay will be that
stated at the time you place your order.
3.2 The Personal Account must be paid for in advance, during the
subscription sigup or re-newal process.
3.3 Where we have accepted an order for the Personal Account from you
and have received payment, if the payment is subsequently refused or
rejected then we reserve the right to refuse to allow further access to
the Personal Account.
3.4 All prices stated are inclusive of VAT or other local taxes which
will be charged at the rate in force at the time you place
your order.
4. Your Cancellation rights
4.1 You will have the right to cancel the contract for the Personal
Account within 7 working days as long as you do not use it to create 3
or more items. If you do create 3 or more assets in the
system before the expiry of the 7-day period you will no longer be able
to cancel the contract, as we will have started providing services to
you.
4.2 If you have the right to cancel then:
4.3 You will need to send a notice in writing to us stating that you
wish to cancel the contract between us and you; and
4.4 You will need to send us the notice of cancellation within 7
working days, with the 7-day period starting with the day after you
receive our confirmation that there is a binding contract between you
and Us;
4.5 You can send us the notice of cancellation by e-mail to
support@pebblelearning.co.uk or by post to our address above marked for
the attention of Colin Dalziel, Director;
4.6 After we receive your notice of cancellation we will refund any
money you have paid to us within 10 working days.
5. Other provisions
The Terms of Use of our website and the Code of Conduct and any
copyright notices ('Other Provisions') shall be incorporated into these
terms and conditions and shall be equally binding on you when you enter
into a contract with us.
6 Termination
6.1 We may terminate this Agreement where you are:
6.1.1 in substantial
breach of the provisions of this Agreement;
6.1.2 in breach of the Other Provisions.
6.2 We may also terminate this Agreement where we decide to withdraw
this website (whether on a temporary or permanent basis) or decide no
longer to permit access to the website by you (by use of passwords or
changes of passwords or by any other means). In such cases, where you
have paid for a Personal Account(s,) we may either:
6.2.1 return any amounts
you have paid prorated to the remaining unexpired portion of your
Personal Account subscription(s); or
6.2.2 complete performing those of our services to you which remain
unperformed.
7 Exclusion of liability
7.1 Except in the case of death or personal injury caused by our
negligence, our liability under or in connection with this Agreement,
shall not exceed the sum of either the amount you have paid for the
Personal Account.
7.2 We shall not be liable to you for any loss, damage, costs or
expenses:
7.2.1 due to you missing a
deadline
7.2.2.you (or someone on your behalf) suffering loss by reason of
inaccuracy or incompleteness of any information or data provided to you;
7.2.3 you suffering a business loss or being unable to undertake any
business activity;
7.2.4 a third party making a claim against you;
7.2.5 a government or regulatory authority imposing a fine, penalty or
obligation on you.
7.3 Nothing in this Agreement excludes liability for our fraud
8. Deletion of Data and Backups
It is your responsibility to keep copies of all Content you upload or
enter into the Personal Account. Whilst we will use
reasonable endeavours to maintain access to the Personal Account and to
maintain data storage, it is not possible to ensure access at all times
nor can we guarantee that data will not be deleted and we cannot
guarantee to keep backups of data.
9. General
9.1 Contacting each other
If you wish to send us any notice or letter then it needs to be sent to
Pebble Learning Ltd. E-Innovation Centre, University of Wolverhampton,
Telford, Shropshire UK TF2 9FT or via email to
info@pebblelearning.co.uk and should be marked for the attention of
Personal Accounts Manager. If we wish to send you a notice we will use
the email address you provided when you signed up for your personal
account.
9.2 Reliance on these terms and conditions
We intend to rely on these terms and conditions as being the terms and
conditions of the contract between you and us. Any changes to the terms
and conditions that you wish to make should be put in writing but any
changes will require our agreement.
9.3 Law and jurisdiction
The validity, construction and performance of this Agreement shall be
governed by English law and shall be subject to the exclusive
jurisdiction of the English courts.
9.4 Third parties
This Agreement is not intended to, and does not, give any person who is
not a party to it any right to enforce any of its provisions.
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