Get My Grades Ltd. Simplified Terms and Conditions
Last Updated: 16/08/2019
We know that sometimes legal jargon can be a bit much, especially if you’re studying for your exams! Therefore, for ease of reading, we have created this simplified version of our Terms and Conditions. The Terms & Conditions are a legal contract which both you and Get My Grades must follow, in order for you to use our service.
Our legally binding Terms and Conditions can be found here. We understand that legal documents can be a bit heavy going, so we have made this simplified document in plain language which is easier to understand but our full Terms and Conditions still apply.
Simplified Terms & Conditions
In these Terms, when We refer to ‘You / Your / the User’, We mean anyone who is using the Get My Grades Platform. When We refer to ‘We / Us / Our / the Provider’, We mean Get My Grades Ltd.
Get My Grades Ltd. is the company that owns and runs the Get My Grades website and Platform: www.getmygrades.co.uk. If We change Our website at any time, we’ll let you know, but these Terms will apply to that site too.
You should read these Terms carefully because they set out Your rights and responsibilities when using the Platform. You can also read the full Terms and Conditions, which set out the full legal contract between You and Us. These simplified terms are a guide only.
The rights You always get by law when You buy goods and services (‘consumer’ or ‘statutory’ rights) aren’t affected by these Terms.
When You use or visit Our Website, You agree to be bound by and follow these Terms. You also give permission for Us to collect, store and process Your personal data, as well as the data of any adult(s) linked to Your account. Any data We collect, store or process will be done in line with the GDPR and Our Privacy Policy. At any time, You can ask Us to delete, remove or change Your personal data, following Our Privacy Policy and these Terms. Just to be clear, Our whole Privacy Policy is included in these Terms, so by agreeing to these Terms (and using the site), You are confirming that You have read, understood, and agreed to follow Our Privacy Policy too.
1. Definitions
The first section defines a range of words or phrases that have specific meanings and are used throughout these terms. We don’t think that any of the definitions are unusual but it is important for the definitions to be set out in any contract to avoid any confusion. Check our full terms and conditions here for the list of defined terms and the contractual definitions.
2. Your Responsibilities
2.1 By using the Platform, You agree to:
2.1.1 Follow all of these Terms, including any changes that are made from time to time.
2.1.2 Be honest about yourself at all times when you register for the Platform and access it. You agree not to do anything that could be misleading while you are using the Platform.
2.1.3 Sign up for the right kind of account and don’t try and trick anyone into believing you’re a teacher (or other user type) if you’re not.
2.1.3.1 Teachers must use their school email address when they sign up.
2.1.4 Not do (help anyone else to do) anything that could damage the Platform. This includes not trying to access data that You don’t ordinarily have access to. Some of the things you must not do are:
2.1.4.1 ‘Hack’ Our Website by allowing You or anyone else access to any of the data, software or code. You also must not edit, delete or do anything else to the data, software or code that could damage the Platform.
2.1.4.2 Introduce any malware, adware, viruses, or other software or code onto the Platform.
2.1.4.3 Edit any of the existing information already on the Platform, or posting any new information on the Platform (other than what would be normal use).
2.1.5 Not try to log in to anyone’s account but Your own, or prevent any other Users from accessing their account.
2.1.6 Report any problems with the Platform to Us so that We can fix them. You can do this through the features on the Platform, or by emailing [email protected]
3. Service Provision
3.1 We will use Our best efforts to provide You and all other registered Users with access to our Platform. This includes all educational content and features that We have produced, which may change from time to time.
3.2 We can terminate you account at any time if you breach these terms and conditions.
3.2.1 If we terminate your account then we’ll refund any unused part of your subscription, unless you owe us money.
3.2.2 If we terminate you account, we’ll let you know unless there’s a good reason not to.
3.3 We intend to offer a range of educational content and features on our Platform, covering a variety of subjects. From time to time, We may add, remove or change the content, to improve the service We are providing to You. When You register, We will show You the subjects We cover at that time. At any time You can ask to see the subjects We intend to offer in the next three months, and We will send You this.
3.4 We guarantee that the Platform will be accessible from the Internet 99% of the time in any given month.
3.4.1 If the Platform is accessible for less than 99% of any month, the person who pays for Your Subscription can apply for a 25% refund for that month, even if You have a one or two-year Subscription.
3.4.2 If the Platform is accessible for less than 95% of any month, the person who pays for Your Subscription can apply for a 50% refund for that month, even if You have a one or two-year Subscription.
3.4.3 If the Platform is accessible for less than 90% of any month, the person who pays for Your Subscription can apply for a full refund for that month, even if You have a one or two-year Subscription.
3.5 If the person who pays for Your subscription believes they are eligible for a refund, in line with clauses 3.4.1 to 3.4.3, they must write to Us within 60 days, and We will address this.
3.6 Just to be clear, refunds are not available if You did not have internet access which meant You could not access the Platform.
4. Subscription Fees
4.1 The Platform is a Subscription service. By using the Platform, You agreed to pay Us the Subscription Fee when You’re not in a trial period. The adult or organisation responsible for You and Your account agrees to pay Us the Subscription fee for each Student User account they create, at the rate shown when they create the account(s). All payments must be made in advance and in full.
4.2 All accounts, except Student User accounts, are free to create and use.
4.3 Monthly and Yearly Subscriptions are ‘rolling Subscriptions’, so at the end of the billing period, they will automatically renew with the relevant charge for the Subscription You are on. Your Subscription can be cancelled, following Clause 6.
4.4 There are two types of Subscription for Our Platform:
4.4.1 One-month Subscriptions: The Subscription Fee will be charged on the same day each calendar month. The only exception is that when the Subscription is started on the last day of the month, all payments that follow will be charged on the last day of the month. These fees will stop when the Subscription is cancelled.
4.4.2 Annual Subscriptions: The next Subscription Fee will be charged on the anniversary of the creation of the Student User account.
4.5 We may change the Subscription Fees from time to time. The adult responsible for paying Your Subscription Fee will be notified of this by email, at least 30 days before the changes will apply to Your Subscription.
4.6 We can change or remove discounts at any time.
4.7 Users do not need to pay if a school or other organisation is already paying for them.
5. Payment Methods
5.1 The adult responsible for Your account can change the payment method through their ‘Settings’ when they log into the Platform.
5.2 Student User Subscriptions can be paid for by ‘Paypal’, or by debit or credit card.
5.3 If a payment is unsuccessful, for example, if a card expires or there are insufficient funds, We may suspend or restrict Your account. If this happens, we will lift the suspension or restriction when outstanding payments are made.
5.4 All payments are processed through a third-party payment platform. We don’t store or process and debit or credit card information.
6. Trial Periods
6.1 We offer a seven (7) day free trial for Get My Grades, starting from when a student account is created (whether by a student or a parent).
6.2 The adult responsible for a student account can cancel the subscription at any time in the first seven days (or any other free trial period) without any charge.
6.3 We may restrict a student’s access to our platform at the end of their free trial period.
6.4 We sometimes offer other free trial periods.
6.5 We have a 14 day cooling-off period.
6.6 If the person who paid for the subscription cancels within 14 days, we’ll refund the fee for the period of time from when the student last logged on until the end of their subscription period.
6.7 Only the person who paid the subscription fee can cancel a subscription.
7. Cancellation
7.1 The adult responsible for Your Subscription can cancel at any time by notifying Us using features on Our Platform designed for this purpose.
7.2 Your Student User Subscription can be cancelled at any time, and You will be able to access the Platform until the end of that billing period. Payments for Subscription Fees aren’t refundable.
8. Privacy and Data Processing
8.1 We are the data controller in respect of any Personal Data which you provide to Us when You access and use the PLatform.
8.2 We will process Personal Data strictly in line with the Law, and as it says in Our Privacy Policy.
8.3 Our Privacy Policy, which can change from time to time, sets out details about, amongst other things:
8.3.1 Why We process Your Personal Data.
8.3.2 How We process Your Personal Data.
8.3.3 What Your rights are under the Law and how You can exercise those rights and notify Us of various matters.
8.3.4 How long We will keep Your Personal Data for and when it will be deleted.
9. Password and Security
9.1 When You register to create a User account, You need to create a Password. You should keep this password safe and secret, and shouldn’t share it with anyone else.
9.2 You are responsible for all activities that happen on Your account, which can only be accessed using Your password.
9.3 You can change Your password at any time, by using the ‘Settings’ on Your account. You agree to do this if:
9.3.1 You think that Your password isn’t safe anymore.
9.3.2 If We request You to change it.
10. Third Party Content
10.1 We may, from time to time, display third party information or content on Our Platform or Website. You agree that You understand any third party content is not created, checked or verified by Us, and We take no responsibility for how accurate or suitable it is.
10.2 We may, from time to time, link to third party websites from the Platform or Our website. You agree that You understand that third party websites have not been checked by Us, and are not recommended by Us. We take no responsibility for how accurate or suitable they are.
11. Warranties and Disclaimer
11.1 We have spent a lot of effort and care to create the educational content on Our Platform, but We cannot guarantee that it is entirely accurate or error-free. We cannot guarantee that the structure or content of qualifications is correct or appropriate for individual Student Users, although we will do our best to ensure that it is.
11.2 We cannot guarantee specific academic achievements or grades, including those scored in tests or exams. When You use the Platform, You agree and understand this. You cannot get a refund if you don’t do as well in your exams as you hope.
11.3 The ‘current grades’ provided by Our Platform are intended as a guide, rather than a guarantee of ability or expected exam results. Some of the reasons that We cannot guarantee ability or exam results are:
11.3.1 While practising, Student Users could ‘cheat’ by looking up answers to questions, which will mean the ‘current grade’ won’t accurately represent the Student User’s level of understanding or ability.
11.3.2 If other Users (e.g. other students, family members, teaching staff) use a Student User’s account and answer questions for them, the ‘current grade’ will not accurately represent the Student User’s level of understanding or ability.
11.3.3 Students being tired, unwell or for some other reason unable to fulfil their potential on the day of an exam.
11.3.4 Changes in grade boundaries in the year exams are being taken, as these can be difficult to predict.
11.3.5 Changes to the style or format of exams that could make one exam more challenging than another.
11.3.6 The sample of questions in an exam not being exactly like those that have been practised.
12. Changes to these Terms
12.1 We might, from time to time, change these Terms. We may not give you notice of any changes but will let you know where changes have been made afterwards. Once changes have been made, they will be the ones You will need to follow, so We always recommend that You read any changes carefully.
12.2 The Terms You need to follow are the ones that are displayed on Our Website, or any other website operated by Us.
12.3 While You continue to use the Service, Website or Platform, You agree to follow the newest Terms available, even if You have chosen not to read them.
13. Intellectual Property
13.1 We own the intellectual property rights to the software and educational material that makes up the Platform.
13.2 We will continue to own all of the intellectual property rights to the educational material and software that we have created and these Terms do not mean that the ownership of any of the material or software has been transferred to You.
14. Waiver
14.1 A waiver means that part or all of an agreement can be ignored. A waiver to these Terms and Conditions will only apply if it is in writing. A waiver does not apply in case of any failure
(full or partial) or delay by You or Us in exercising these Terms. So if you break these terms, we don’t have to take action against you immediately in order to be able to take action against you in future.
14.2 All of the rights in these Terms apply together. They do not exclude any rights which We or You have by law.
15. Severance
15.1 If a Court or other authority finds any part of these Terms to be invalid or illegal, that part will not be recognised anymore. The rest of the Terms will not be affected.
15.2 If any part of these Terms is found to be invalid or illegal, We will apply with the change needed to make it valid and legal.
16. Entire Agreement
16.1 These Terms form the agreement between any parties involved in Our Services, Website and Platform – including all Users and the Company who create and operate the Services, Website and Platform.
16.2 You agree that You will follow these Terms, and not expect any other terms or contracts to apply.
17. Assignment
17.1 We may at any time, and without giving notice, transfer or delegate any of Our rights and/or responsibilities under these Terms.
18. Third Parties
18.1 Any person who isn’t a party to this agreement, has no right to enforce it. The rest of their rights are unaffected.
19. Law and Jurisdiction
19.1 These Terms are written in line with the laws of England and Wales, and all parties agree to follow the authority of the English courts.
