Terms and Conditions

1, PAYMENTS AND FINANCIAL CONDITIONS

1.1 Payments are taken and processed by Woo Commerce and Stripe. All financial details are held only by these payment processing platforms and your purchase is protected by their services.

1.2 Subscription payments are for one year, or termly (depending on the membership chosen) and set for automatic renewal. At any time the customer can cancel the subscription renewal but continue to use the service until the end of their current subscription.

1.3 At the end of the subscription course progress data is held for 60 days in case the user wishes to renew.

1.4 Renewal notices are sent out 14 days before subscription end date.

1.5 A full user dashboard is available in My Library for the user to manage all aspects of their subscription.

1.6 Cancellation. We allow customers their statutory 14 days cooling off cancellation period. During this time we will allow a full refund of the subscription paid upon request. After 14 days subscription payments can be cancelled at any time but no refund will be given for unused subscription periods.

1.7 Beyond the above cancellation period we will not provide refunds as the users will have had time to evaluate and make good use of the courses.

1.8 Cancellation by us. In the event that ORCA Education are no longer able to provide an online library service in any form we would then refund on a pro rata basis to all subscribers. Please see exceptional circumstance related to Class Group Membership below.

1.9 Technical Failure, In the unlikely event of complete technical failure of our service provision ORCA Education would provide a refund on a pro rata basis. This does not include short term outages or fluctuations that are normal aspects of internet provision.

1.10 We are not responsible for access problems that result from the customers internet provision or the device used. E learning content can be heavy on internet use. Customer must ensure they have devices and internet service provision capable of accessing the course material by testing using the free resources before purchasing. This includes particularly in the classroom setting if the courses are to be accessed in that way.

1.11 Class and tutor Group Memberships. Class Group and Tutor Group Memberships are offered with large discounts to help our educator colleagues and their students. They are only for teachers and their student groups. We may request a verification process if we see a pattern of use that suggests these products are being misused or sold on in any way. Please contact us if you are in any doubt as to your status. We are fully committed to help educators and will try to help. If we decide the customer is not entitled to a Class or tutor Group Membership we will cancel their subscription. If this was a deliberate action to obtain use of a membership to which they were clearly not entitled, then we would not refund for any remaining membership term. We withold the rights to seek legal compensation for any losses that might also result from any such deception. All the users course data will also be lost in this process.

2. OUR SERVICE POLICY

2.1 ORCA Edcuation are committed to providing fair service. All concerns from customers will be handled with honesty and a desire to support our customer learners and teachers.

2.2 We will consider all requests for help promptly and with in-house personal service and attention.

2.3 We are aware from personal experience of the the financial and logistical constraints placed on schools and teachers and are constantly working to give a good service at a fair price to our education partners.

2.4 We will endeavour to maintain a good service that allows customers to access the course materials. This includes ensuring the hosting service is maintained and capable of supporting user volume with acceptable access standards.

3. USE OF CONTENT

3.1 Group / Class or Tutor Members added by the Purchasing Group Leader are also bound by the terms and conditions of use.

3.2 All Content is the property of ORCA Education Limited. and its suppliers. All content is copyright protected and all rights are reserved.

3,3 Users may not copy, reproduce or distribute for use in any form any aspect of the online services, content or teaching/learning models.

3.4 Single subscriptions are for the individual purchasers use only and may not be shared. Login details should not be shared not least because the shared use would then disrupt the user personal progress record which is recorded as they study.

3.5 Group users must be made aware that their progress through the course materials is tracked by xapi /Scorm and their progress/ answers are available for analysis and evaluation by the Group Leader (Teacher/Tutor)

3.6 In no circumstances may a user sell their membership to a third party.

3.7 Verified teachers with Classor Tutor Group Membership may only invite their own students or school colleagues to join their class group. They may not sell on any class group seats.

Allowed Useage

3.8 Users may use all content for their personal learning and teaching. This includes when giving presentations, learning or teaching in a classroom, lecture theatre and for direct online teaching of their students. Purchasers of the Class or Tutor Group Memberships may also use the content in the classroom for individual student learning, Users may NOT create recording or videos from the content or of the content in use for distribution online or in any other form including creating and distributing webinars.

3.9 For clarification and for exceptions to this useage please contact ORCA Education.

4. USER ACCESS

4.1 All Content is the property of ORCA Education Limited. and its suppliers. All content is copyright protected and all rights are reserved.

4.2 Each user shall only be granted access upon that user agreeing to be bound by the applicable terms of the Security and Acceptable Use Policy.

4.3 Customers shall use the System and Service only for its intended purpose and only by means of the online interactive user interface made available by ORCA Education Limited

4.4 Without limitation to clause 4.3, Customer shall not:

4.4.1 attempt to copy, modify, duplicate, reverse engineer, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the System and Service in any form or media or by any means;

4.4.2 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the System and Service;

4.4.3 access (or enable any other person to access) all or any part of the System and Service for any purposes connected with the development (or proposed or attempted development) of any software or systems with substantially the same purpose or functionality as any part of the Software;

4.4.4 create a functional specification of the System or of any part of the System;

4.4.5 use the System and Service to provide services to third parties;

4.4.6 extract any information made available by means of the System and Service for use, processing or display by means of any other software or systems; or

4.4.7 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the System and Service available to any third party except in normal use by Students as Customer’s Group / Class Members.

5. OUR ACCESS PROVISION

5.1 ORCA Education will maintain online provision of content and will work to ensure that the site has the technical capability to provide access to the purchased services and content.

5.2 ORCA Education are not responsible for temporary loss of service through the users internet provision or short term loss of service caused by ORCA Education’s hosting provider.

5.3 Should our service be unable to provide reasonable access to the content then the user may request a pro rata refund.

5.4 All users should test their reception of our services using the free content before they buy. This provision is an important consideration in our fair treatment of our customers and will be considered in any disputes about service.

6. Intellectual Property

6.1. Unauthorised sharing, copying and reproduction of the Company’s Online Learning content is strictly prohibited and the Company reserve the right to recover; loss of revenue, loss of profits and all other costs (including all legal cost) incurred in the enforcement of this clause.

6.2 Each party agrees that money damages alone would not be an adequate remedy for the breach of the provisions of clause 6a above and the Company shall be entitled to seek any legal remedy or relief to prevent any breach, or anticipated breach, by the Client or their delegate as is deemed proper by a court of competent jurisdiction. This right shall be in addition to the Company’s other rights in law or in equity.

This Terms and Conditions Agreement is governed by the laws of England and Wales and International Treaties. ORCA Education Limited 1st January 2023 

Company Registration at Cardiff 4892983