1. Introduction
These terms and conditions govern your use of our website (imoves.com), learning platform (platform.imoves.com), and associated resources and services. By purchasing or using an imoves subscription, licence, website or associated resource, you agree to these terms and conditions.
If you are purchasing on behalf of a school, academy trust, organisation or other establishment, you confirm that you have authority to enter into the agreement on its behalf.
2. Licence to use imoves
Unless otherwise stated, imoves active education ltd owns, or is licensed to use, the intellectual property rights in the website, platform and materials made available through them. All such rights are reserved.
Each school licence covers one educational establishment or site unless a multi-school or trust licence has been agreed in writing. An individual teacher licence may only be used by the teacher for whom it was purchased.
Subject to the licence purchased, authorised users may view, stream and download materials for teaching purposes and may print resources for use within the licensed school or organisation.
You must not, except where expressly permitted by us in writing:
· republish imoves materials on another website or public platform;
· sell, rent, sub-license or commercially exploit imoves materials;
· reproduce or distribute materials outside the licensed school or organisation;
· share individual teacher account credentials with another person; or
· remove copyright, trade mark or other proprietary notices from imoves materials.
You are responsible for obtaining and maintaining the equipment, software, internet connection and other services required to access imoves.
3. Teaching use and responsibility
imoves resources are teaching resources. The school, organisation and individual teacher remain responsible for deciding whether an activity is appropriate for the children taking part, taking account of age, ability, additional needs, space, equipment and any relevant medical or safety information.
Users should hold any qualifications, training or professional status required by their employer or applicable education standards for the activities they deliver.
4. Subscriptions, invoices and payment
The subscription period, products purchased and applicable fees will be shown on the invoice, order confirmation or other written agreement between you and imoves.
For a new school subscription paid by invoice, payment is due within 14 days of the invoice date unless different payment terms have been agreed in writing.
For an annual school subscription that renews automatically, imoves will normally issue the renewal invoice approximately one month before the end of the current subscription period. Payment for the renewed subscription is due within 14 days of the renewal date shown on the invoice.
For subscriptions paid by card through a third-party payment provider, the subscription will renew at the interval selected when purchased (for example monthly or annually) unless cancelled in accordance with the instructions provided at purchase.
If fees are not paid when due, imoves may suspend access to the relevant subscription until payment has been received.
5. Automatic renewal and cancellation
Annual school subscriptions paid by invoice renew automatically at the end of the current subscription period unless the school tells imoves in writing before the renewal date that it does not wish to renew.
imoves will normally send a renewal invoice approximately one month before the renewal date. This is a reminder of the upcoming renewal and does not change the requirement to notify imoves before the renewal date if the school does not wish to continue.
To cancel an annual school renewal, email annette@imoves.com before the renewal date. If no cancellation is received before the renewal date, the subscription will renew for the next subscription period and the renewal fee will become payable.
If a customer believes a renewal notice or invoice has been sent to an out-of-date contact address, the customer should tell imoves as soon as possible. Schools and organisations are responsible for keeping their main contact and billing details up to date.
For card subscriptions, cancellation will take effect in accordance with the cancellation process and billing cycle shown by the relevant payment provider.
6. Initial cancellation period
For a new subscription purchased directly from imoves by invoice, imoves offers a 14-day cancellation period from the invoice date unless a different arrangement has been agreed in writing. A customer wishing to use this cancellation period should contact annette@imoves.com within those 14 days.
This is a contractual cancellation right offered by imoves and does not affect any statutory rights that may apply.
7. Late payment
If a school, organisation or individual fails to pay fees when due, imoves may exercise any rights available to it under the Late Payment of Commercial Debts (Interest) Act 1998 and other applicable law, including charging statutory interest and any applicable statutory compensation.
Where an invoice remains unpaid more than 30 days after the applicable due date, imoves also reserves the right, where legally permitted and reasonable in the circumstances, to charge an administration fee of up to £100 to reflect additional work and costs associated with recovering the overdue payment.
imoves may suspend access to the subscription while amounts remain overdue. Suspension does not remove the customer's obligation to pay sums that have already become due.
8. Acceptable use
You may use imoves to support teaching, physical activity, PE, dance, active learning and related activities within the scope of the licence purchased.
You must not use the website, platform or resources:
· in any unlawful, fraudulent, harmful or misleading way;
· to introduce viruses, malware or other malicious software;
· to attempt unauthorised access to our systems or another user's account;
· to conduct systematic or automated scraping, data mining, data extraction or similar activity without our written consent; or
· in a way that materially damages or impairs the availability, security or operation of the service.
9. Accounts and restricted access
Access to parts of the platform is restricted to authorised users. Where a user ID, password or other login credential is issued, you must keep it confidential and must not allow unauthorised people to use it.
imoves may suspend or disable an account where reasonably necessary for security, misuse, breach of these terms or non-payment.
10. Data protection and privacy
Each party will comply with applicable UK data-protection law, including the UK GDPR and the Data Protection Act 2018.
Where a school, academy trust or other subscribing organisation provides staff account details to imoves so that imoves can provide, administer, secure or support the platform, the subscribing organisation is normally the Data Controller and imoves acts as its Data Processor.
Where imoves acts as a Processor, the processing is governed by the imoves UK GDPR Data Processing Addendum, which forms part of the agreement between the parties where applicable.
imoves may also act as an independent Data Controller for its own business purposes, including billing, contract administration, legal compliance, customer communications and other processing described in the imoves Privacy Policy.
The current imoves Privacy Policy and Data Processing Addendum should be read alongside these terms.
11. Availability, updates and changes to the service
imoves aims to keep the platform and resources available but does not guarantee uninterrupted or error-free access. Temporary interruptions may occur for maintenance, updates, security work or circumstances outside our reasonable control.
We may update, replace, reorganise or withdraw individual resources and features from time to time. Where a material change substantially affects a paid subscription, we will act reasonably and, where appropriate, provide notice.
12. Intellectual property and user materials
All intellectual property rights in imoves content remain with imoves or the relevant rights holder.
If a user sends imoves feedback, suggestions, comments or materials for customer support purposes, the user grants imoves the rights reasonably necessary to use that material for the purpose for which it was provided. Nothing in these terms gives imoves ownership of a school's own materials or personal data.
13. Limitation of liability
Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
Subject to the paragraph above, imoves will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings or loss of business opportunity arising from use of the service.
Any limitation or exclusion of liability relating to personal data is subject to the parties' obligations under applicable data-protection law and the imoves Data Processing Addendum.
14. Breach and suspension
If you breach these terms, imoves may take reasonable action including warning you, suspending access, disabling accounts or terminating the licence where the breach is serious or is not remedied within a reasonable period after notice.
15. Changes to these terms
We may revise these terms from time to time. Revised terms will apply from the date they are published on the imoves website, except that a material change affecting an existing paid subscription will not retrospectively remove rights already acquired under that subscription.
16. Assignment and subcontracting
imoves may assign or subcontract its rights and obligations where reasonably necessary to operate the business or provide the service. Any subcontracting involving personal data will remain subject to the applicable data-protection obligations and the imoves Data Processing Addendum.
A customer may not transfer its subscription or rights under these terms to another organisation without imoves' written consent, except where the school or organisation changes name or legal structure and imoves agrees that the licence should continue.
17. Severability
If any provision of these terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified to the minimum extent necessary or, if necessary, deleted. The remaining provisions will continue in effect.
18. Third-party rights
These terms are for the benefit of the customer and imoves and are not intended to give any third party a right to enforce them, except where the law expressly provides otherwise.
19. Entire agreement
These terms, together with the applicable invoice or order confirmation, Privacy Policy and, where applicable, Data Processing Addendum, form the agreement relating to the relevant subscription and supersede previous discussions or representations about that subscription, except for any separate written agreement expressly stated to take precedence.
20. Law and jurisdiction
These terms are governed by the law of England and Wales. The courts of England and Wales will have jurisdiction over disputes arising from or connected with these terms.
21. Professional status and accreditation
imoves may refer on its website and marketing materials to current professional approvals, accreditations or memberships. Such statements apply only for as long as the relevant approval, accreditation or membership remains current.
At the date of these terms, imoves' PE curriculum resource is approved by the Association for Physical Education (afPE).
22. Company details
The full company name is imoves active education ltd. The business is owned by Imogen Pickles and Ian Pickles.
imoves active education ltd is registered in England and Wales under company number 07234665. Its registered office is 109 Rustlings Road, Sheffield, S11 7AB.
General enquiries: info@imoves.com. Accounts and cancellations: annette@imoves.com.