Terms and Conditions of Use for Home (Consumer) Users of the Novabods Homes Product.
(Does not apply to EducationCity schools version).
This Agreement details the licence we grant you and governs your use of the Novabods subscription service (the “Service”). By accessing the Service, you are agreeing to the terms that appear below.
1. These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or they require any changes, please contact us to discuss.
2. Information About Us and How to Contact Us
2.1 Who we are. Novabods is created and owned by EducationCity Ltd. EducationCity Ltd is a company registered in England and Wales. Our company registration number is 03343749 and our registered office is at 8/9 Saddlers Court, Oakham, Rutland, LE15 7GH, UK. Our registered VAT number is GB803420672.
2.2 How to contact us. You can contact us by submitting a message via the ‘Contact Us’ form on our website or writing to Novabods Support, 8/9 Saddlers Court, Oakham, Rutland, LE15 7GH, UK.
2.3 How we may contact you. If we have to contact you, we will do so by email with the email address you provided to us.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
3. Provision of Service
3.1 The Novabods website (the “Site”) and the Service are owned by EducationCity Ltd (company number 03343749), whose registered office is at 8/9 Saddlers Court, Oakham, Rutland, LE15 7GH, UK.
3.2 You will receive access to the Service following payment for the period of your subscription. Novabods agrees to provide you with reasonable support by email for the purpose of assisting you to maintain your access to the Site.
3.3 You acknowledge that you have provided Novabods with accurate and complete registration information and that it is your responsibility to update Novabods of any changes to that information (including your email address) by managing your account in Novabods.
3.4 These terms and conditions (including any documents referred to within them) contain all the terms on which we provide the Service to you. They supersede any prior promises, representations, undertakings or implications made.
3.5 Access to the Service (except for those parts that we make freely available) is only provided to you on the condition that you pay the “Fee”.
3.6 Your subscription begins on the day that you receive confirmation from Novabods.
3.7 By purchasing Novabods, you agree your selected payment plan will be automatically renewed. All subscriptions can be cancelled at any time. We will notify you in advance of any payment plan changes. If you fail to pay at any time, your membership will automatically be cancelled. You will receive email notifications to advise you that a payment has been declined.
3.8 On registration you will create unique login details. You are responsible for all use of the Service using your login details and for preventing unauthorised use of your login details, so should not disclose these details to anyone.
If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your login details, unauthorised access gained to your personally identifiable data on our cloud service, personally identifiable data from our cloud service left on an insecure device which is lost, or some other data breach as defined within the Data Protection Act 1998, you must notify Novabods immediately by emailing firstname.lastname@example.org.
3.10 You may use the Service on any computer or device, but should always remember to log out in order to safeguard the security of your login details.
This product is only licensed to you and the family members specified within your subscription for home (consumer) use. It explicitly is not licensed for use in a school, nursery, kindergarten or other educational establishment. The product is not designed for classroom use and is not curriculum-linked. For our school product, see www.EducationCity.com
3.12 You may not rent or lease access to the Service and you may not provide access (or allow any other person to provide access) to the Service on any other computer (except as expressly permitted in paragraph 3.11 above).
3.13 If Novabods reasonably believes that your ID is being used in any way which is not permitted by this Agreement, Novabods reserves the right to cancel access rights immediately upon giving notice to you and to block access from your ID.
4. Ownership of Copyright
4.1 The Service (including any images, designs, photographs, animations, video, audio, music and text incorporated into the Service [the “Content”]) is owned by EducationCity Ltd and is protected by United Kingdom copyright laws and international treaty provisions. All material displayed on the Service belongs to EducationCity Ltd.
4.2 You may not (without prior written permission from EducationCity Ltd):
(a) redistribute any of the Content (including using it as part of any library, archive or similar service);
(b) remove the copyright or trade mark notice from any copies of Content made under this Agreement;
(c) create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content;
(d) modify, reproduce or in any way commercially exploit any of the Content;
(e) reverse engineer, decompile or disassemble the Service.
4.3 You acknowledge that “Novabods” and “EducationCity” are trade marks and that you may not use them without written permission.
4.4 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
4.5 If we cannot accept your order. If we are unable to accept your order, for example if your payment has failed, we will inform you of this in writing and will not charge you for the product.
4.6 Your Transaction ID number. We will assign a Transaction ID number to your order and tell you what it is when we accept your order. It will help us if you can tell us the Transaction ID number whenever you contact us about your order.
5. Our Products
Products may vary slightly from their promotional materials. We make regular updates, additions, replacements and swaps which are not always immediately reflected on our website. The images of the product on our website are for illustrative purposes only. Although we have made every effort to display the colours and images accurately, we cannot guarantee that a device’s display of the colours and images accurately reflects the product. Your product may vary slightly from those images.
6. Your Rights to Make Changes
If you wish to make a change to the product or to the configuration of the product you have ordered, you may do so at any time within the “Manage Account” section of the product subject to the terms of Section 9 below.
7. Our Rights to Make Changes
7.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements.
(b) to implement technical adjustments and improvements. These changes will not adversely affect your use of the product.
7.2 Updates to digital content. Without notice we may update, add to, replace or swap digital content, provided that the digital content shall always match the description of that which we provided to you before you bought it.
8. Providing the Products
8.1 Delivery costs. There are no costs of delivery.
8.2 When we will provide the products. Provision of the product is instant on receipt of your payment.
8.3 As the products are a subscription to receive digital content, we will supply the digital content to you until either the subscription expires or you end the contract as described in clause 9 or we end the contract by written notice to you as described in clause 11.
8.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you paid for but did not receive.
8.5 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, registration information. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract and clause 4.5 will apply, or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late, or not supplying any part of them, if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.6 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
8.7 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 1 week in any 4 weeks we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it in each case for a period of more than 1 week, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8.8 We may also suspend supply of the products if you do not pay. If payment is not received on the chosen payment plan date, your membership will be cancelled. You will receive email notifications of failed payments to make you aware of this.
9. Your Rights to End the Contract – Cancellation Policy
9.1 You can cancel your membership at any time by going to the ‘Manage Account’ area in Novabods. Select ‘Manage Membership’ and then ‘Cancel Membership’ and follow the instructions.
9.2 On cancellation of your selected payment plan, we will stop taking payments from your account and your membership will not automatically renew. You can still access Novabods until the end of your agreed payment period.
9.3 We reserve the right to cancel any paid membership without a refund upon breach of the terms and conditions on this Site.
9.4 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or incorrectly described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.5;
(c) If you have just changed your mind about the product, see clause 9.6. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.9.
9.5 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in points (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to, see clause 7;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 week; or,
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
9.6 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.7 When you do not have the right to change your mind. You do not have a right to change your mind in respect of the digital products after you have started to download or stream them.
(i) We may provide a free trial of the product before you order, no payment is required for this free trial. The use of a free trial is not deemed to be use of the full product. Any decision to purchase the full product after this free trial is yours on the basis that you have sampled and approved the product.
(ii) Once you have subscribed and accessed the product using your username and login, you are deemed to have downloaded the product and thereafter you cannot cancel other than on the basis and the terms of Section 9.
9.8 How long do I have to change my mind? As you have bought digital content for online access, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you first access the product online. If we provided access to the digital content to you immediately and you utilised this access, and you agreed to this when ordering, you will not have a right to change your mind.
9.9 Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 9.4), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately. There will be no refund under this instance. We will cancel your subscription and remove access authorisation.
10. How to End the Contract with Us (Including if You Have Changed Your Mind)
10.1 Cancel your subscription within the “Manage Account“ section of the product, or:
Tell us you want to end the contract. To end the contract with us, please either complete our Model Cancellation Form
or let us know by doing one of the following:
(a) Online Contact Us Form. Submit via our website, found on our FAQs page. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By Post. Write to us as at Novabods, 8/9 Saddlers Court, Oakham, Rutland, LE15 7GH, UK.
10.3 Deductions from refunds. If you are exercising your right to change your mind:
Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending at the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then a refund will be made within 14 days of your telling us you have changed your mind. However, in certain circumstances, simply changing your mind will not entitle you to a refund. Please see previous conditions and in particular clause 9.7.
11. Our Rights to End the Contract
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
(b) you share login details with other users outside of the family members for whom you subscribe;
(c) you share login details with or use the product in any school or professional establishment or breach any of the copyright notices in section 4;
(d) you are otherwise in breach of these terms.
12. If There Is a Problem with the Product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at email@example.com
, contact us via our ‘Contact Us’ page on our website or write to us at Novabods, 8/9 Saddlers Court, Oakham, Rutland, LE15 7GH, UK.
12.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website (www.adviceguide.org.uk) or call 03454 04 05 06.
If your product is digital content, for example, a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- if your digital content is faulty, you are entitled to a repair or a replacement.
- if the fault cannot be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back.
- if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
13.1 Where to find the price for the product or service, or digital content. The price that we supply (which includes UK VAT or other local tax where applicable) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of product advised to you is correct.
13.2 We will pass on changes in the rate of UK VAT or other local tax. If the rate of VAT or other local tax changes between your order date and the date we supply the product, we will adjust the rate of VAT or other local tax that you pay, unless you have already paid for the product in full before the change in the rate of VAT or other local tax takes effect.
13.3 When you must pay and how you must pay. We accept payment with credit and debit cards as shown during the payment process.
(a) For digital content, you must pay for the products (other than the free trial elements) before you access them for the first time.
14. Our Responsibility for Loss or Damage Suffered by You
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How We May Use Your Personal Information
15.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and,
(c) if you agreed to this during the order process, to inform you about similar products that we provide and any offers that may interest you, but you may stop receiving these at any time by contacting us or unsubscribing.
15.2 Novabods has a strict policy of not sharing any information about any customers’ personal information with anyone outside the organisation. Please note that the username/passwords are controlled by the users themselves and may not be well-chosen or securely stored; we strongly advise that usernames and passwords are not shared.
15.3 We will only give your personal information to third parties where the law either requires or allows us to do so or to process your payment.
16. Other Important Terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.