Terms & Conditions

10ticks terms & conditions

These terms and conditions are set by British law.

Definitions:

"Cashback" means money earned in respect of Orders placed by You to be distributed to Participating Schools;

"Conditions" means these terms and conditions;

"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

"Device" means a machine capable of storing digital material, such as a personal computer, ipad, iphone or Android tablet;

"E-books" means any type of worksheet. These worksheets are usually presented in an E-book format, but may also be single page. The E-books may or may not be protected by DRM software.

"Free Content" means any Content that is accessible without the payment of a One-Off Fee or Subscription Fee;

"Hard Copy" means physical copy made from software/digital copy, for example, but not limited to, paper copy of a worksheet, booklet made from paper copies of worksheets;

"Soft Copy" means digital copy;

"Internet Account" means the internet User account provided by Us upon registration of Your details;

"Learning Establishment" means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;

"Order" means an order for goods or services placed by You and accepted by Us;

"Paid Content" means Content accessible only upon the creation of an Account and the payment of a Subscription Fee;

"Participating Schools" means those schools registered under Our Affiliate, Reseller or Reward Schemes from time to time;

"Services" means collectively any online facilities, tools, services or information that Fisher Educational Ltd. makes available through the Web Site either now or in the future and includes Tutoring Adverts;

"Subscription Content" means Paid Content that your Account permits you to use;

"Subscription Fee" means the sum of money paid or payable by Users at intervals throughout the term of the Subscription Period to keep their Account active and to enable them to access Subscription Content;

"Subscription Period" means the period for which the initial subscription has been purchased and the period during which the User continues to pay the Subscription Fee for access to Subscription Content;

"System" means any online communications infrastructure that Fisher Educational Ltd. makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, forums and email links;

"Tutor" means an individual User who places a Tutoring Advert for the provision of tutoring services;

"Tutoring Adverts" means advertisements placed by Users and for the avoidance of doubt, includes advertisements placed by students, parents and guardians for tutoring services in addition to advertisements placed by Tutors offering tutoring services;

"Users" means the Users of the Website collectively;

"User Information" means the details provided by You on any application to Use the Services via the Website;

"We/Us/Our" means the Website located at https://www.10ticks.com.au or any subsequent URL which may replace it, and any sub-domains of this site; and

"You/Your" means a User of the Website.

"These terms and conditions apply to Your Use of the 10ticks.com.au Website and by accessing this Website, You agree to be bound by the terms and conditions set out below. It is recommended that You print a copy of these terms and conditions for Your own records. If You do not agree to be bound by these terms and conditions, You may not use or access this Website. We reserve the right to modify these terms and conditions at any time. Such modifications become effective immediately upon the posting of the updated terms and conditions. By continuing to use, access or submit materials and/or User Information to the Website You will be deemed to have accepted the revised terms and conditions. If there is anything You do not understand please feel free to e-mail any enquiry to Us at info@10ticks.com.au."

1) Access

1.1 The Service and the Web Site are provided “as is” and on an “as available” basis and Fisher Educational Ltd. reserves the right to withdraw, suspend or amend the Service. Fisher Educational Ltd. will not be liable if for any reason the Web Site is unavailable at any time for any period. Fisher Educational Ltd. aims to update the Web Site regularly and may change the Content at any time.

1.2 Fisher Educational Ltd. accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

1.3 You are responsible for making all arrangements necessary for you to have access to the Web Site and are responsible for ensuring that all persons who access the Web Site through your internet connection are aware of these Terms and Conditions and that they comply with them.

1.4 We reserve the right to charge from time to time for the placing of Tutoring Adverts and for the avoidance of doubt, the only fees payable for Tutoring Adverts shall be advertising fees and all other payments are to be negotiated and made between You and the Tutor). The Website may be used only for lawful purposes by students, teachers, parents and guardians wishing to access the materials on or order products via the website. 10ticks.com.au acts as a passive conduct for the ordering, online distribution and publication of educational information and materials prepared by Us ("the Material"). In placing Tutoring Adverts, 10ticks.com.au acts purely as an advertising vehicle and not as an agent.

2) Obligations

2.1 You

2.1.1 agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;

2.1.2 agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;

2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;

2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;

2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);

2.1.6 will not attempt any unauthorised access to any part or component of the Website; and

2.1.7 agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us.

3) Indemnity

You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your Internet account.

4) Our Rights

4.1 We reserve the right to:

4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or

4.1.2 change these Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.

4.2 We will use Our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

4.3 We reserve the right to withdraw any Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse service to anyone at any time in Our sole discretion. We will not be liable to You or any third party by reason of Our doing any of the following: withdrawing any Services from the Website whether or not those Services have been sold; removing, screening or editing any materials or content on the Website.

4.4 We reserve the right to expel users and prevent their further access to the Website for violating the Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. We may take any action with respect to user-submitted information that we deem necessary or appropriate in Our sole discretion if We believe it may create liability for Us or may cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers.

4.5 By submitting content to any public or non-public area of the Web Site, including message boards, forums, contests, chat rooms and the School and Home Learning systems, You grant to Us and Our affiliates a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the licence stated above. You also permit any User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.

5) Tutoring Adverts

The following provisions of this Condition 5 shall apply only to the placing of Tutoring Adverts and in the event that there is a conflict between this Condition 5 and any of the other Conditions, the provisions of this Condition 5 shall prevail.

5.1 Whilst every effort is made to ensure that Tutoring Adverts appear correctly on the website, We will not be responsible for any errors or delays in publication and it is Your responsibility to check that the Tutoring Advert is correct and accurate.

5.2 You agree to provide true, accurate and complete information in relation to Your Tutoring Advert, including a valid email address and You agree not to impersonate any other person or entity or use a name which You are not authorised to use. Tutors shall be required to disclose to Users who respond to Tutoring Adverts placed by Tutors all previous convictions. You warrant that the information contained within Your Tutoring Advert does not contravene any legislation or codes of practice governing the advertising of goods or the provision of services and in particular, you warrant that the information supplied by You for Your Tutoring Advert is legal, decent, honest and truthful in compliance with the requirements of the British Codes of Advertising and Sales Promotion which can be found at http://www.cap.org.uk.

5.3 We reserve the right to refuse to register any Tutoring Advert at Our sole discretion and We may remove Your Tutoring Advert at any time without reason or notification.

5.4 Payments must be made when placing the Tutoring Advert in advance and are non-refundable. Tutoring Adverts will be posted on the website for a period of 12 months or until You remove them whichever is sooner. We shall notify you within one month of the expiry of Your registration and You may request renewal of Your Tutoring Advert, save that renewal shall be at Our sole discretion and only following receipt of payment from You.

5.5 Payment should be made by credit/debit card in accordance with Condition 11. Please do not send cash.

5.6 You shall be entitled to cancel Your registration at any time and You may change Your Tutoring Advert at any time. You must update Your Tutoring Advert immediately if there are any changes to Your information.

5.7 It is Your responsibility to check the identity and qualifications of Tutors before entering into a contract and in addition to Condition 16 . We make no warranties or representations as to the results which may be obtained or the accuracy or reliability of any information obtained through Us and no advice or information, whether oral or written, obtained in connection with a Tutoring Advert shall be deemed to create any warranty not expressly made herein.

5.8 You expressly agree that Your use of the Tutoring Adverts, either as a Tutor, student, parent or guardian is at Your sole risk and you agree not to hold Us liable for any loss or damage incurred as a result of any dealings You may have with others via Your use of the Tutoring Adverts.

5.9 Tutoring Adverts may only be placed and used by Users within the UK .

6) Registration and Password

You are responsible for maintaining the confidentiality of Your information and password. You shall be responsible for all uses of Your registration, whether or not authorised by You. You agree to immediately notify Us of any unauthorised use of your registration or password.

7.1 In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, goods or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Links to this Web Site

7.2 Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.10ticks.com.au without Fisher Educational Ltd’s prior permission, provided that:

7.2.1 you do so in a way which is fair and legal and does not damage the reputation of Fisher Educational Ltd or take advantage of it,

7.2.2 you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Fisher Educational Ltd where none exists; and

7.2.3 the website you are linking to is owned by you and complies in all material respects with our Privacy Policy.

7.3 Deep linking (i.e. links to specific pages within the site) requires the express permission of Fisher Educational Ltd. To find out more please contact Fisher Educational Ltd by email at info(at)10ticks.com.au.

7.4 Fisher Educational Ltd reserves the right to withdraw linking permission without notice.

8) Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website).

9) Your Personal Data / Data Protection

9.1 We respect Your personal information and undertake to comply with applicable Data Protection legislation from time to time in place. Acceptance of Our Privacy Policy and Your submission of Your personal information to Us is agreement from You that We may transfer that information outside the European Economic Area ("EEA") in particular to the United States of America. You should be aware that such countries may not have data protection safeguards in place equivalent to those in the UK.

9.2 We confirm that any personal details which You provide to Us (or which are available on public registers) from which We can identify You are held in accordance with Our Data Protection Registration Notification. When You register with Us We consider the information You provide as private. We Use the information for the following purposes:

9.2.1 processing Your Account including placing Tutoring Adverts where appropriate;

9.2.2 for statistical purposes to improve the service We give to You;

9.2.3 to administer Our business;

9.2.4 unless You have already objected during the registration process, to notify You of products or services that may be of interest to You; and

9.2.5 unless You have already objected during the registration process, to be disclosed to other members within Our organisation and also to other relevant third parties, who may contact You about their products or services that may be of interest to You.

9.3 If You do not want Us to notify You about products and services that may interest You, or You do not wish Us to transfer Your data to third parties so that they can contact You about their products or services, and have not objected during the registration process, please write to Us at Fisher Educational Ltd, The Cube, Coe Street, Bolton, BL3 6BU, United Kingdom stating Your full name, address, Your e-mail address, Your home / mobile phone number, any other relevant details, and notify Us accordingly.

9.4 Subject to Your rights of objection set out above, and Your right of objection in the registration process, You agree that You do not object to Us or third parties contacting You for any of the above purposes whether by fax, telephone, e-mail, in writing, by SMS or by any other means, and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

9.5 In the event that Your personal information is no longer used by Us for the purposes described in this document, We will delete it except insofar as it is necessary to retain such information to comply with other relevant or applicable law.

9.6 In the event that Your personal data becomes untrue, inaccurate or incomplete, or in any event, You have the right to access Your personal data and may rectify the same.

9.7 You should be aware that if We are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide information concerning You, We shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your dealings with Us, and those dealings are deemed by Us inconsistent with these Terms.

9.8 We may use "cookies" and other software so as to be able to build up a profile of Your interests and preferences and this may be used by Us to develop and operate the Service.

9.9 We may disclose to third parties aggregated data on Our customers, provided that a single individual is not identifiable in such data.

10) Intellectual Property and Right to Use

10.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Material or content supplied via or as part of the Website shall remain at all times vested in Us. You are permitted to use the Material only as expressly authorised by Us.

10.2 You acknowledge and agree that the Material and Free and Paid content contained within the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software and on any DVD/CD-ROM provided by Us to You is made available for Your personal non-commercial use only. Any other Use of the Material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. E-books are sold by license, and protected by Digital Rights Management software. The purchase of one E-book license represents the right to put the E-book on one Device only, for the subscription period specified and to the named school. E-books are sold by license to schools or teaching organisations, and protected by Digital Rights Management software. The school can make unlimited photocopies of the Material for use of students attending the school or teaching establishment only, and show the Material on whiteboards in the school or teaching establishment only, during the duration of the subscription. Schools with different geographical sites need to buy a separate licence to cover each site. Extra device licenses can be bought. Copies can be held on the number of devices licences bought to support the E-books during the subscription period. All copies (soft copies and hard copies) must be destroyed at the end of the subscription period, unless the subscription is renewed.

10.3 You have the option to purchase a DVD/CD-ROM containing the Material in accordance with the Conditions, this will be in photocopiable worksheet or E-book format protected by Digital Rights Management software.

10.3.1 If You, either on behalf of a school or other teaching establishment or in your capacity as a student, should choose to download the Material such a download facility is made available for Your non-commercial use only and you may download the Material onto your computer hard drive ALWAYS PROVIDED THAT the computer onto which You download the Material is NOT connected to an intranet network which is capable of being accessed via the internet. You shall be permitted to deal with the Material in accordance with the terms of Clause 10.2 only. In addition to the allowable usage detailed in Clause 10.2, We will allow you to make a number of copies of the Material for use only within your school or teaching establishment reasonably necessary to allow the proper education of the pupils.

10.3.2In addition to the allowable usage detailed in Clause 10.2, We will allow You to make copies of the Material for other teachers who are employed by the same school or teaching establishment.

10.3.4 If You (on behalf of a teacher training college) should choose to download the Material in accordance with the provisions of Clause 10.3.1, in addition to the allowable usage detailed in Clause 10.2, We will allow You to make copies of the Material for those student teachers who may in turn only use the Material for their own personal use and for as long as the same shall remain registered and under the supervision of Your particular teacher training college. Any student teacher will be permitted to make copies and use the Material in whichever school or teaching establishment in which they train PROVIDED THAT that particular school or teaching establishment has also purchased the Material from Us.

10.3.5 If You purchase a DVD/CD-ROM containing the Material in Your capacity as a parent, We grant to You a personal non-exclusive non-assignable royalty-free licence to use the Material for non-commercial purposes only to help with Your own children (including adopted and step-children) only in their own studies outside of normal school hours.

10.3.6 If You purchase a DVD/CD-ROM containing the Material in Your capacity as a teacher, We grant to You a personal non-exclusive non-assignable royalty-free licence to use the Material for non-commercial purposes only to assist You in Your teaching duties in whichever educational establishment you may from time to time be employed.

10.4.1 Payment of a Subscription Fee grants you access to all Subscription Content on the Web Site for the duration of your Subscription Period. You may use such Paid Content in the following ways:

10.4.1.1 the Home Learning system is for personal purposes; or

10.4.1.2 as a student only, for educational purposes

10.4.1.3 The School Learning System, E-books and Worksheets are for use in educational establishments.

10.4.1.4 The Tutor Learning System is for use in private educational establishments.

10.4.2 Users of Paid Content will be provided with a username and password and you must treat such information as confidential, and you must not disclose it to any third party other than to the extent required for you to legitimately benefit from the Services. Fisher Educational Ltd reserves the right at any time to disable any username or password if in its opinion you have failed to comply with any of these Terms and Conditions.

10.4.3 You agree that:

10.4.3.1 you will not use the Paid Content of the Web Site for commercial purposes unless given express written permission to do so by Fisher Educational Ltd.;

10.4.3.2 you will not systematically copy Paid Content from the Web Site in any circumstances, including, without limitation, with a view to creating or compiling any form of comprehensive collection, compilation, directory or database, unless given express written permission to do so by Fisher Educational Ltd.

10.4.4 When the subscription period expires and is not renewed, any Paid Content downloaded and stored in any format, must be deleted from Your computer. All Hard Copies and Soft Copies must be immediately destroyed.

10.4.5 All licenses are non-exclusive non-assignable lisenses. All licenses are non-transferable.

11) Payments and Subscriptions

11.1 We and Our secure payment service providers, use the latest technology to protect Your credit card information and do not release it to any outside organisation. You can place your orders using secure encryption (the Internet standard for secure transactions) or You can fax or post Your card information to Us. Any losses sustained by the transmission of personal information by e-mail or internet links shall be borne exclusively by You.

11.2 We intend to provide You with the safest and most secure shopping experience possible. Since offerings and technologies change, We reserve the right to change, modify, add or remove portions of our Privacy Policy at any time without prior notice. If policy changes are substantial, We will notify Our customers via e-mail. Please periodically review our Privacy Policy for changes. If You have any questions, or would like further clarification, please contact our Customer Service Centre.

11.3 Subscription charges commence on the date that you activate your subscription and will continue to apply throughout the Subscription Period.

11.4 Fisher Educational Ltd reserve the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:

11.4.1 increases in price will be reflected in your Subscription Fees on the date of the immediate subsequent renewal; and

11.4.2 decreases in price will be reflected in your Subscription Fees on the date of the immediate subsequent renewal.

For further information on subscriptions and pricing, please visit our Products page at our website www.10ticks.com.au

11.5 If you terminate your subscription or Account you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription. Two business days notice before the expiry date of the current subscription plan must be given for cancellation of the monthly Home Learning System plan.

11.6 If you have subscribed in error you must inform Fisher Educational Ltd within 24 hours of subscribing and must not use the Web Site or its Content during that time. If any use can be traced to your Account, no refund will be provided.

11.7 Schools and other educational institutions who take up the price freeze option are committed to the term length of the contract.

12) Cancellation/Termination

12.1 Due to the personalised bespoke nature of the DVD/CD ROM which You may purchase via the Website, You will not be entitled to cancel Your order with Us. We shall only accept returns in accordance with the provisions of Clause 13.

12.2.1 Either Fisher Educational or you may terminate your Account and (where relevant) your subscription. If Fisher Educational Ltd terminates your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, Fisher Educational Ltd. reserves the right to terminate without giving reasons.

12.2.2 If Fisher Educational Ltd terminates your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.

12.2.3 If Fisher Educational Ltd. terminates your Account or subscription for any reason other than your breach of these Terms and Conditions, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.

12.2.4 If Fisher Educational Ltd. terminates your Account or subscription, you will cease to have access to Paid Content from the date of termination.

12.2.5 If you terminate your Account or subscription, you will continue to have access to Paid Content for the remainder of your Subscription Period in accordance with Clause 11.5.

12.2.6 Upon termination of your Account or subscription for any reason you must immediately destroy any copies you have made of any Content, this includes digital copies or Hard Copies.

12.3 Schools and other educational institutions who take up the price freeze option have been given the option of making payment in annual instalments and have purchased at a preferential rate. There can be no early cancellation/termination of this contractual period.

13) Returns Policy

If you should have to return the DVD/CD ROM to Us, We will be happy to refund the purchase price in full if the return results either from an error made by Us or from a defective item. To make a return, please give the reason for the return and wrap the package securely. Returned goods are to be accompanied by a note showing Your name, the date of order and the order number, and should be forwarded to our Customer Service Representatives at the address below.

  • Fisher Educational Limited
  • The Cube
  • Coe Street
  • Bolton
  • BL3 6BU
  • Phone 01204 584876
  • Monday - Friday 9.30 am - 4.30 pm
  • Email info@10ticks.com.au

14) Damaged or Defective Item

Should You receive a damaged or defective item from Us, We will offer You a choice of:

  • A prompt replacement.
  • A full refund.
  • An alternative item of the same value.

However, You must return the damaged or defective product and this must be received by Us within 30 days of delivery to You. You will not be charged any additional shipping or handling fees for replacement shipments.

15) Notices

15.1 You may send Us notices under or in connection with these Conditions:

15.1.1 by post to Fisher Educational Ltd, The Cube, Coe Street, Bolton, BL3 6BU or,

15.1.2 by email to info@10ticks.com.au

15.2 As proof of sending does not guarantee or receipt of Your notice, You must ensure that You have requested and received an acknowledgement from Us which, should it be required, will be sent within 3 working days of Our receipt and should be retained by You.

16) Limitation of Liability

16.1 While We shall use reasonable endeavours to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy.

16.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

16.3 We make no warranty that the Website will meet Your requirements or provide the results which You want, or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.

16.4 You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by You.

16.5 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representation (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Conditions for:-

16.5.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

16.5.2 any loss of goodwill or reputation; or

16.5.3 any special or indirect or consequential losses;

16.6 Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees.

16.7 We shall have no liabilities to you for any failure to deliver your purchase or any delay in delivery which is due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest, or any other event or circumstances beyond our reasonable control

16.8 Fisher Educational Ltd’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of any breach of these Terms and Conditions by Fisher Educational Ltd shall be limited to the value of a User’s current Subscription Fee. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein, to the maximum extent permitted by law, Fisher Educational Ltd accepts no liability. Users should be aware that they use the Web Site and its Content at their own risk

17) 10ticks Blog

17.1 Opinions expressed on 10ticks Blogs are those of the respective contributing user only. These views do not represent those of Fisher Educational Ltd, its management or employees. Fisher Educational Ltd is not responsible for and disclaims all liability for content and comments contributed to 10ticks Blogs by 10ticks users. Please do not post messages that are unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually orientated, homophobic or racially offensive.

17.2 10ticks users agree that comments and images posted on the Blog will not defame, compromise the trade secrets or violate the copyright or other intellectual property rights of any third party. You agree to indemnify, defend and hold Fisher Educational Ltd harmless from any claims, losses or liabilities based on a violation of the foregoing representation.

17.3 Please do not spam or flood the discussion or blog areas. This includes re-posting the same message, or very similar messages, more than once.

17.4 By posting comments on 10ticks Blogs agree to allow the content to be re-used or quoted by Fisher Educational Ltd without notification.

17.5 Users sometimes include references to other websites beyond the control of Fisher Educational Ltd. As such Fisher Educational Ltd cannot be held responsible for the content of such websites.

17.6 We will delete advertising posts, the system is designed to provide an online diary for our users, not as a means for advertisers to promote their websites or products. 10ticks editors will decide what is acceptable or not on a case by case basis.

17.7 We will allow 1000 Blogs on the 10ticks website. If a Blog is left unused/unaltered for more than 3 months we will delete it to allow other users the server space for their Blogs.

17.8 We reserve the right to delete you blog with no notice

17.9 Fisher Educational Ltd reserves the right to modify or withdraw, temporarily or permanently, the blog (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the blog.

Violation of any of the above rules may lead to your login details being temporarily suspended or terminated.

Reporting Abuse

Should you feel that a post is offensive or breaks our terms and conditions of use, please email us: report abuse.

18) Online Classroom

18.1 The Online Classroom Service is provided at no additional cost for Schools and Tutors to use as part of a subscription package .

18.2 You agree to use the Online Classroom Service only to post, send and receive messages and material that are proper and related to the Online Classroom Service. By way of example, and not as a limitation, you agree that when using the Online Classroom, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Online Classroom Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

18.3Fisher Educational Ltd has no obligation to monitor the Online Classroom Service. However, Fisher Educational Ltd. reserves the right to review materials posted to the Online Classroom and to remove any materials in its sole discretion.

18.4Fisher Educational Ltd. reserves the right to terminate your access to any or all of the Online Classroom Services at any time without notice for any reason whatsoever.

18.5Fisher Educational Ltd. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Fisher Educational Ltd.’s sole discretion.

18.6Materials uploaded to the Online Classroom may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

18.7It is the responsibility of the Teacher/Tutor to close the Classroom at the end of every session. This ensures the safety of the Classroom so students cannot use it as a chat room.

18.8When used as part of the School Learning System the Online Classroom is for official school use only. The teacher cannot use this for his/her own personal use.

19) Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

20) Waiver

No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

21) Survival

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

22) Entire Agreement

These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between You and Us in relation to such matters. No oral explanation or oral information given by either of Us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, You have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that Your agreement contained in this clause shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these Conditions.

23) Law

The Conditions shall be governed by and construed in accordance with the laws of England and You irrevocably submit to the exclusive jurisdiction of the courts of England.

Click here to view our Privacy Statement

We shall collect information about Your personal details, tastes and preferences both when You tell Us what these are and by analysis of traffic on the Website, including by using cookies (see below). We use information collected about You to help Us (a) develop the design and layout of the Website to ensure that it is as useful and enjoyable as possible and (b) to provide the Services which interest You. Sometimes this information may also be used by Us to inform You about changes to the Website, new Services and Goods or offers that You might find interesting. If You do not wish to receive this information, You may opt out by various means, including settings within Your Account, or by e-mail to info@10ticks.com.au In any event where Your personal details become untrue, inaccurate or incomplete, You have the right to access Your personal details and may rectify the same.

You agree that You do not object to Us contacting You for any of the above purposes whether by telephone, e-mail, fax, in writing or by SMS and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

We reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests or requests by the police investigating suspected illegal activities, to operate Our systems properly or to protect Ourselves or other Users. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your use of the Website, and that use is deemed by Us inconsistent with the Conditions.

When You input information or request Services from Us, We have strict security procedures covering the storage and disclosure of Your information in order to prevent unauthorised access to comply with the UK Data Protection Act 1998. This means that sometimes We may ask for proof of identity before We disclose personal information to You.

Surveys and User Groups

We always aim to improve the services We offer. As a result We occasionally canvass Our customers using surveys. Participation in surveys is voluntary, and You are under no obligation to reply to any survey You might receive from Us. Should You choose to do so, We will treat the information You provide with the same high standard of care as all other customers information.

From time to time, We ask customers whether they wish to participate in User Groups, often to assist Us in the development of new features, services or sites. Participation in User Groups is voluntary, and You are under no obligation to join any User Group. Should You choose to join a User Group, however, We will treat the information You provide with the same high standard of care as all other customer information.

Contests

Your participation on the Website may mean that We occasionally contact You with the opportunity to enter competitions. Entry to competitions is voluntary, and You are under no obligation to take up an invitation from Us to enter. Should You choose to enter a competition, We will treat the information You provide with the same high standard of care as all other customer information, and use the information provided strictly within the entry terms of the competition and this Privacy Statement.

Email a Friend We may from time to time operate a "Tell a friend" service. This is a referral service, designed to make it easy for customers to recommend Our Website or offers to a friend, and is a two-step process. First, a customer sends Us the friend's name and email address, and secondly, We contact the friend, telling them who We are, and inviting them to take advantage of a particular offer, or to visit Our Website. When We contact Your friend, We always advise them of the name and email address of the friend who made the original referral. We will not use Your friend's details for any other purpose.

Cookies

When You first visit the Website, upon entering Your name and address, We may send You a cookie. A cookie is a small file that can be placed on Your computer's hard disc for record keeping purposes, and We may use them to do a number of things: Cookies help Us to recognise You when You next visit one of the Website and note the advertisements displayed to You. This allows Us to tailor the service We provide to Your preferences;

Cookies may be used to compile anonymous statistics related to the take up or use of services, or to patterns of browsing. When used in this manner, You are not individually identified, and data collected in this manner is only used in aggregate.

You are not obliged to accept a cookie from Us, or any other Web site, and may modify Your browser so that it will not accept cookies at Your discretion. Here are instructions on how to do this for Netscape and Internet Explorer browsers:

If You do not wish to receive cookies from Us or any other Website, You can turn cookies off on Your browser.

Cookies

Here is how You turn off cookies for Internet Explorer 5.0: First, on Your top menu, click on "Tools", and then click on "Internet Options". This will bring up the "Internet Options" Dialogue Box. On the tope of the dialogue box, click on "Security", then "Customer Level" or "Customise". This will bring up the "Security Settings" box. Scroll down Using the scroll bar on the right hand side of the box, until You come to the section carrying the title "allow cookies to be stored on Your computer". Of the options available, click on "Disable", and then click the "OK" button on the bottom of the menu box. Following these instructions will stop Your computer from accepting cookies in future. You may reconfigure Your computer to accept cookies again by following these instructions, but by selecting "Enable", and clicking on the "OK" button on the bottom of the menu box.