(1) Introduction
These terms and conditions govern your use of our website (imoves.com), learning platform (platform.imoves.com) and associated resources; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or associated resources.
(2) License to use website
Unless otherwise stated, imoves active education Ltd. owns the intellectual property rights in the website and material on, or downloaded from, the website at all times. Subject to the license below, all these intellectual property rights are reserved.
Each license covers only a single educational establishment, defined as a school if a school membership has been purchased; or for individual personal use only if a teacher membership has been purchased.
You may view and download for caching purposes only, and print pages from the website for a single school organisation or for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. Content may only be redistributed within a school organisation, where a school organisation is defined as a single educational establishment or site.
Individual teacher memberships can only be used by the purchasing member, and membership details may not be distributed to other individuals for use. A separate product license must be purchased for each and every separate teacher the resources are being used by for individual teacher memberships.
Groups of schools, such as a school district, local educational authority, academy chains, or any other such grouping of more than one educational establishment, may not redistribute any content or materials from this website within or external to the grouping. For whole school memberships, a separate product license must be purchased for each and every separate school the resources are to be used in.
By agreeing to these terms and conditions, you are agreeing that you hold the necessary qualifications to teach children and that your qualifications meet with the education standards for your residing country.
You also agree that imoves.com resources are teaching resources only and that you are fully responsible for your own fitness and health and that of your students during activities related to the use of these resources.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- edit or otherwise modify any material on the website or downloaded from the website; or
- redistribute material from this website
You must obtain, and pay for, all telecommunications services, computer equipment and software necessary to connect to and use this website.
We do not provide such services, equipment or software and you will need to obtain these from other suppliers.
We do not have any control over, or responsibility for, such suppliers and it is your responsibility to ensure the website can be accessed appropriately as required by you and other users.
(3) Payment for license
Our trial period provides a member with access for 28 days to the membership chosen on the platform, and thereafter a selection of some of our most popular resources for them to access on an ongoing basis.
Our paid membership packages are either a license for all the staff from one school to access the resources for use with the students of that school; or an individual teacher license for use by an individual teacher with either a specific year group or all year groups, dependent upon the membership purchased.
For the whole school membership; each school license allows 1 school per membership access to the licensed resources for the period of the membership as stated on the invoice and from their initial invoice date. For the teacher membership; each license allows 1 teacher access to the licensed resources for the period of the membership.
Payment is expected within 14 days of the invoice date and can be made either through invoice or credit/debit card.
There is a 14-day cooling off period from the invoice date where the customer can decide to cancel the purchase, or receive a full refund if payment has already been paid. The customer should simply contact emma@imoves.com to cancel the membership.
For a monthly or annual membership paid for by credit/debit card through Paddle, membership will automatically renew every month. To cancel, simply follow the instructions provided.
For an annual school membership which has been paid for through an invoice, membership will automatically renew at the end of the membership period. imoves will send a renewal invoice for the following year's subscription. a month before the expiry of the current subscription. If a school does not wish to renew, they should simply email imoves active education ltd at emma@imoves.com with the request to cancel the renewal at any before the renewal date.
If the school/individual fails to pay any of the Fees on the due date, imoves may, without prejudice to its other rights and remedies, charge the Organisation interest in respect of the sum overdue in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 from the due date for payment to the date of actual payment (both dates inclusive) and imoves will be entitled to reimbursement of all expenses (including legal fees) incurred with respect to collection of overdue Fees.
If the school/individual fails to comply with any of the terms of payment, imoves reserves the right to suspend the provision of the Product under this Agreement until payment has been made.
imoves reserves the right to increase the Fees at the end of the Initial Term or current Renewal Term, provided imoves informs the school/individual prior to the Notice Period.
Should a school change its name or location, but is ostensibly the same school, the membership may still apply to the new establishment.
Any discounts which may have made available for these packages are at the sole discretion of imoves active education Ltd and can be changed or withdrawn at any time.
(3) Acceptable use
You can use this website to support the teaching of activity and physical education in the school or to the students of the school who has bought the license to this website, as outlined above. This can include personal use as well as the use of projection equipment so an audience of students can see the films. The license also covers the rights to play the music and films included in the package to an audience.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
(4) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
We provide you with a user ID and password to enable you to access restricted areas of our website or other content or services that you have purchased to use, as such you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
(5) User generated content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
(6) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
If the website and associated resources have been offered as part of a discount, special incentive or offer, the resources will only be available for the duration of the offer. imoves active education ltd reserves the right to the timing of the cancellation of such an offer. Once the offer has come to an end, customers are then able to purchase a subscription.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(8) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you, or your organisation, from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
(9) Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
(10) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
(11) Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(12) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(13) Entire agreement
These terms and conditions constitute the entire agreement between you and us in relation to your use of our website and associated resources, and supersede all previous agreements in respect of your use of this website.
(14) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
(15) Registrations and authorisations
We are registered with Association for Physical Education. Our professional title is Approved Provider by the Professional Development Board for Physical Education and it has been granted in the United Kingdom.
(16) Our details
The full name of our company is imoves active education Ltd and the owners are Imogen Pickles, Ian Pickles and David Laycock.
We are registered in England & Wales under registration number 07234665. Our VAT number is 990 2257 12.
Our registered address is 109 Rustlings Road, Sheffield, S11 7AB.
You can contact us by email to info@imoves.com.