Terms and Conditions

Let’s start with privacy

We don’t collect any personal information from people just visiting our site except if you choose to download one of our sketchnotes. All we do is gather some basic anonymous information, for example how many people view each page, so that we can make sure we’re doing a good job and to make our site better.

If you decide you’d like a copy of one or more of our sketchnotes, we ask you to provide us with your email address. By doing this you have opted-in to our list of people who are happy to receive emails from us on the latest news in education. We feel it’s important that we respect your privacy, so we don’t share your email address with anyone else. If you’d like to stop receiving this emails at any time, there is an unsubscribe option on all of our emails.

What about using our sketchnotes?

We create sketchnotes on useful teaching and learning strategies and well-respected research. We provide these sketchnotes free of charge to schools and teachers to be used internally to support professional learning and make a difference to pupils. We do this, because we believe it’s the right thing to do.

We spend a lot of time and effort creating our sketchnotes and they are our intellectual property and copyrighted materials. So, we don’t want them to be exploited by other companies, consultants and advisors for commercial gain. If you are providing support for teachers outside of your own school context, whether that is for a commercial company, a local authority or regional consortia, then you’ll need our permission to use our sketchnotes as part of your training. Just drop us a line to enquiries@impact.wales and we’ll be happy to discuss how you can use our sketchnotes in line with our terms and conditions.

 


Full Terms & Conditions – Use of www.impact.wales & sketchnote resources

Effective: April 9th, 2018

Welcome to www.impact.walesIf you use this web site, you accept these terms and conditions of use. Please read them carefully.

This Web site, including all of its features and content (the “Web Site”) is a service made available by Impact School Improvement Ltd (“Impact Wales”) and all information, sketchnotes and resources provided on or through this Web Site (“Materials”) may be used solely under the following terms and conditions (“Terms of Use”).

Limited license to use web site

Impact Wales is pleased to grant you, as a user of this Web Site, a nonexclusive, non-transferable, revocable, limited license to access and use this Web Site and the Materials in accordance with these Terms of Use and any specific terms and conditions that may be posted in connection with particular Materials. In the event of any conflict between these Terms of Use and any such specific terms and conditions applicable to particular Materials, the latter shall govern. Impact Wales may terminate this license at any time for any reason.

Limitations on use

The Materials on this Web Site are only for your personal use or, as applicable, for the internal use of your employer, and they are not for commercial exploitation (for example, by resale to others or by use in a commercial context). Further, you may not rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or from the Materials. You may not use the Materials in any way that harms Impact Wales, our employees, directors or other representatives, our participating rightsholders or users, or any other third party. Any unauthorized use of this Web Site or the Materials is prohibited.

Intellectual property rights

Nothing in these Terms of Use or in the terms and conditions relating to any applicable Impact Wales licensing or other service should be construed as conferring upon you any copyright or other intellectual property license or right (whether by implication, estoppel or otherwise), unless we have expressly said so. You agree that the Materials and the Web Site are protected by applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws, all of which belong to Impact Wales or its licensers.

Linking to this web site

You are welcome to provide links to the pages of this Web Site provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the page that you are linking to, the terms of use, the copyright notice, or other notices on this Web Site, and (b) you discontinue providing links to this Web Site if requested by Impact Wales.

Registration

Certain sections of this Web Site require you to register you email address. If registration is requested, you agree to provide Impact Wales with accurate and complete registration information. It is your responsibility to inform Impact Wales of any changes to that information. By providing your email address you have opted in to receiving email marketing from Impact Wales but not from any other companies or third parties. Impact Wales agree to keeping your data in accordance with GDPR legislation. www.impact.wales enquiries@impact.wales Follow us @ImpactWales Tel. 07817752172

Copyright Impact School Improvement Ltd. © 2018

Unlawful activity

Impact Wales reserves the right to investigate complaints or reported violations of our Terms of Use or other applicable terms and conditions, and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Remedies for violations

Impact Wales reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use or any other applicable terms and conditions, including but not limited to the right to block access from a particular Internet address to this Web Site and any other Impact Wales Web sites and their features.

Modifications to terms of use

Impact Wales may make changes to these Terms of Use at any time. Updated versions of these Terms of Use will appear on this Web Site and are effective immediately. Please review these Terms of Use regularly. Continued use of this Web Site after any such changes constitutes your consent to such changes


Subscription Terms & Conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

1. These Terms and Conditions will apply to the purchase of the digital content by you (the Customer or you). We are Impact School Improvement Ltd whose trading name is Impact Wales a company registered in England and Wales under number 9678017 whose registered office is at 12 Clos Islwyn, Killay Swansea SA2 7ET with email address enquiries@impact.wales; (the Supplier or us or we).

2. These are the terms on which we sell all digital content to you. By ordering any of the digital content, you agree to be bound by these Terms and Conditions. You can only purchase the digital content from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the digital content;

5. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

6. Digital content means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

7. Order means the Customer’s order for the digital content from the Supplier as submitted following the step by step process set out on the Website;

8. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

9. Website means our website www.impact.wales on which the Goods are advertised.

Digital Content

10. The description of the digital content is as set out in the Website. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the digital content supplied.

11. In the case of any digital content made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

12. All digital content which appear on the Website are subject to availability.

13. We can make changes to the digital content which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information and Registration

14. When registering to use the Website you must provide us with an email address. You remain responsible for complying with copyright for all digital content provided to you via this email address.

15. We retain and use all information strictly under the Privacy Policy.

16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

17. The description of the digital content in our website does not constitute a contractual offer to sell the digital content. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

19. A Contract will be formed for the sale of digital content ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any digital content supplied under the Contract.

20. Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.

21. No variation of the Contract, whether about description of the digital content, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

23. The price of the digital content is that set out on the Website at the date of the Order or such other price as we may agree in writing.

24. Prices and charges include VAT at the rate applicable at the time of the Order.

25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

26. We will deliver the digital content, via email by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

27. In any case, regardless of events beyond our control, if we do not deliver the digital content on time, you can (in addition to any other remedies) treat the Contract at an end if:

a. we have refused to deliver the digital content, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any digital content and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled digital content. If digital content has been delivered, you must return it to us via email as soon as possible.

Risk and Title

30. You do not own the digital content until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the digital content still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, returns and cancellation

31. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

32. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for digital content that is made to your specifications or is clearly personalised;

Right to cancel

33. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

34. The right to cancel your subscription will be 14 days after the first delivery of digital content.

35. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You must be able to show clear evidence of when the cancellation was made.

36. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Returning Digital Content

37. If you have received digital content in connection with the Contract which you have cancelled, you must send back the digital content to us at without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the digital content before the period of 14 days has expired.

38. For the purposes of these Cancellation Rights, these words have the following meanings:

a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

b. sales contract means a contract under which a trader transfers or agrees to grant a non-exclusive copyright licence for digital content to a consumer and the consumer pays or agrees to pay the price, including any contract that has both digital content and services as its object.

Circumstances beyond the control of either party

39. In the event of any failure by a party because of something beyond its reasonable control:

a. the party will advise the other party as soon as reasonably practicable; and

b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

40. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

41. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://www.impact.wales/terms-and-conditions/).

42. For the purposes of these Terms and Conditions:

a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

b. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.

c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

43. We are a Data Controller of the Personal Data we Process in providing Goods to you.

44. Where you supply Personal Data to us so we can provide digital content to you, and we Process that Personal Data in the course of providing the digital content to you, we will comply with our obligations imposed by the Data Protection Laws:

a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b. we will only Process Personal Data for the purposes identified;

c. we will respect your rights in relation to your Personal Data; and

d. we will implement technical and organisational measures to ensure your Personal Data is secure.

45. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: enquiries@impact.wales.

Governing law, jurisdiction and complaints

46. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

47. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

48. We try to avoid any dispute, so we deal with complaints in the following way: If any customer complaint arises, customers should contact us to find a solution. We will aim to respond within 5 working days.