These Terms and Conditions are the standard terms for the provision of services Education Analytics and Training Limited, a limited company registered in England under 13328562 with its head office at 10 Bolton Road West, Ramsbottom, Bury, England, BL0 9ND.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means this contract for the provision of Goods and Services, as explained in Clause 3;
“Deposit” means an advance payment made to Us for Goods or Services;
“Goods” means products that We offer for purchase by you;
“Month” means a calendar month;
“Price” means the price payable for the Services;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means a special offer price payable for Services which We may offer from time to time;
“Order” means your order for the Goods or Services;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
“We/Us/Our” means Across Cultures Limited, who operate this website a limited company registered in England under number 13328562 with its head office at 10 Bolton Road West, Ramsbottom, Bury, England, BL0 9ND.5EN; and
“Website” means any website operated by Us and to which we may provide you access under these Terms and Conditions: https://ealstar.co.uk, https://app.ealstar.co.uk/
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
2.1 Education Analytics and Training Limited, a limited company registered in England under 13328562 with its head office at 10 Bolton Road West, Ramsbottom, Bury, England, BL0 9ND.
3.1 These Terms and Conditions govern the sale and provision of Goods and Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
3.3 A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
3.4.1 The main characteristics of the Goods and Services;
3.4.2 Our identity (set out above in Clause 2) and contact details (as set out below in Clause 13);
3.4.3 The total Price for the Goods and Services including taxes or, if the nature of the Goods and Services are such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.4.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
3.4.5 Where applicable, details of after-sales services and commercial guarantees;
3.4.6 The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;
3.4.7 Where applicable, the functionality, including appropriate technical protection measures, of digital content;
3.4.8 Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.
4.1 All Orders for Goods and Services made by you will be subject to these Terms and Conditions.
4.2 You may change your Order at any time before We have provided the Goods or before We begin providing the Services by contacting Us.
4.3 If your Order is changed We will inform you of any change to the Price in writing.
5.1 The Price of the Goods and Services will be that shown at https://ealstar.co.uk and https://app.ealstar.co.uk/ the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
5.2 If We quote a Special Price which is different to the Price shown at https://ealstar.co.uk or https://app.ealstar.co.uk/ the Special Price will be valid for 30 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement.
Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
5.3 Our Prices may change at any time but these changes will not affect Orders that We have already accepted.
5.4 Except were stated otherwise, all prices exclude VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
5.5 Following registration to Our online services, you shall have access to the material for a trial period of two weeks at which point you shall be offered a choice of invoice or direct sign up for the following year. You are not under any duty to accept a 12 month contract but you will lose access to your account and any data if you choose not to.
5.6 Following acceptance of an invoice Order for any Goods, you are required to make payment within 30 days. For online payments we use Stripe to process card payments, you will be required to make payment up front and then granted full access immediately after payment. You will automatically be subscribed for renewals, information will be provided at the time f how to cancel these.
5.7 We accept the following methods of payment:
5.7.1 Bank transfer;
5.7.3 Credit card payment;
5.8 Payment is due upon receipt of invoice.
Payments received after 30 days from the date of invoice may incur a 10% charge and risk suspension.
6.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the education and training sector and in accordance with any information provided by Us about the Services and about Us.
6.2 We will begin providing the Services on the date confirmed in Our Order Confirmation and, for online sign ups, on receipt of payment.
6.3 If We require any information or action from you in order to provide the Goods or Services, We will inform you of this as soon as is reasonably possible.
6.4 If you register on Our online services you will ensure that you keep your username and password confidential and will not share or allow unauthorised access to the Website. We reserve the right to cancel, suspend or withdraw your access if we believe you have failed to
comply with this clause.
6.5 If the information or action required of you under sub-Clause 6.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
6.6 In certain circumstances, for example where there is a delay in you sending Us information, payment or taking action required under sub-Clause 6.4, We may suspend the Services (and will inform you of that suspension in writing).
6.7 In certain circumstances, for example, where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.
6.8 If the Services are suspended under sub-Clauses 6.5, 6.6 or 6.7, you will still be required to pay for them during the period of suspension. This would only be temporary and we would endeavour to always update you on any issues. You must, however, pay any invoices that you have already received from Us by their due date(s). If service provision is delayed or prevented by events outside of our control, you will still be required to pay for these Services.
6.9 If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 5.8.
7.1 We do not licence you to share your user name and password with any other school or educational provider. Each https://ealstar.co.uk, online enrolment/registration is for a single school only and for the agreed number of licences.
7.2 All intellectual property in manuals, workbooks or any other media supplied by Us shall at all times vest with Us, You agree that you will not reproduce, copy, distribute or share (aside from when providing training) any materials provided by Us. The materials made available by Us are only to be used to provide training to one school – under no circumstances are you to provide training to other schools following this purchase or otherwise using materials made available to you by Us.
7.3 Responsibility for the security of any password issued rests with you.
7.4 You may download and print sections from this Website e.g. writing assessment and pupil profiles your own use as long as you adhere to the following:
7.4.1 EAL STAR’s copyright and trademark notices and this permission at https://ealstar.co.uk, https://app.ealstar.co.uk/. notice appears in all copies.
7.4.2 No graphics on this Website are used separately from their associated text and no documents or related graphics on this Website should be manipulated in any way; and the copyright and other intellectual property rights in all material on this Website (including without limitation, photographs and graphical images) are owned by Education Analytics and Training Limited or its licensors or other users unless otherwise stated. Your authorisation to use Our websites automatically terminates if you break any of the terms in this legal notice and you must immediately destroy any extracts from this Website and eliminate any such extracts from other electronically held systems.
7.4.3 No part of EAL STAR’s Goods or Services may be replicated or stored in any other form or included in any public or private electronic retrieval system or service without Our prior written permission.
7.5 Any rights not expressly granted in these terms are reserved.
7.6 We may provide functionality on our Websites that enables you to upload your own content for future access. You grant us all necessary licences and permissions reasonably required by Us in order to host such content and make it available to you. You acknowledge that such content may be deleted by Us at any time for any reason, so you should not rely on the storage provided by Us for any long-term backup purposes. You confirm that such content will not contain any illegal, defamatory, or otherwise objectionable materials. You warrant that you have the authority to upload any content onto our Websites, and that Our storage and provision to you of such content will not infringe the intellectual property rights or any other rights of any third party. You hereby indemnify Us in respect of any claims, losses, damages, penalties and costs that we may incur as a result of any third party claim that content uploaded by You to our Websites breaches any third party rights.
8.2 We reserve the right to edit and/or remove, in whole or in part, material uploaded
to this Website without notice.
8.3 You are forbidden to post or transmit to or from this Website any material that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; for which you have not obtained all necessary licences and/or approvals; which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
8.4 You may not misuse the Website (including, without limitation, by hacking).
8.5 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material.
9.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible.
9.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
9.3 We will not charge you for remedying problems under this Clause where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, Clause 6, will apply and We may charge you for remedial work.
10.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
10.2 We provide Services for business use. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
10.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
10.5 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
10.6 Except as expressly provided in this clause 10, our total liability to You shall be limited to the amounts paid by you to Us under these Terms and Conditions in the 12 months preceding the date of any claim for liability.
11.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lockouts or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
11.2 If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
11.2.1 We will inform you as soon as is reasonably possible;
11.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
11.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
11.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 12.3.3.
11.2.5 If the event outside of Our control continues for more than 8 weeks, We will cancel the Contract in accordance with Our right to cancel under subClause 12.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 30 Calendar Days of Our cancellation notice.
12.1 You may cancel any online product subscriptions you have booked with Us at any time. Invoice based cancellation requests must be made in writing, cancellations via online card payment must be made through your Account. If We receive your cancellation request within 2 weeks of the commencement of your online product subscription, we will refund to You the full cost of the subscription. No refund will be issued in respect of any online product subscription cancellation request received by Us more than 2 weeks after the subscription has commenced, and any outstanding payments for the remainder of the subscription period will remain payable to Us.
12.2 We may cancel this Contract, or any Orders for Goods or Services you have booked with Us, at any time and for any reason (including your failure to pay any sums due to Us, or for any breach of this Contract which remains outstanding 14 days from notification to You). If such cancellation is necessary in our sole discretion, We will inform you as soon as is reasonably possible. Except where we are terminating for your failure to comply with any obligation under this Contract, Our sole liability to you if we do so will be to issue you a refund of any sums already to paid to Us in respect of such Goods or Services (which, in the case of online product subscriptions, may be pro-rated in accordance with the period paid for and the remaining period of the subscription). Where we are terminating for your failure to comply with any obligation under this Contract, we shall have no outstanding liability to you in relation to the cancelled Orders, and you agree that We shall be entitled to retain any Deposits or other sums already paid in respect of such cancelled Orders.
13.1 If you wish to contact Us, you may do so by telephone at +44 (0) 7764479683 or by email at email@example.com, you can also make use of the Contact Us facility https://ealstar.co.uk, where there is also a live chat facility.
13.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may write to Education Analytics and Training Ltd, 23 Rudgwick Drive, Bury, BL8 1YA.
14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
14.2 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract,or the Services, please contact Us in one of the following ways:
14.2.1 In writing, addressed to our address as above
14.2.2 By email, addressed to firstname.lastname@example.org;
14.2.3 By contacting Us by telephone on +44 (0) 7764479683
14.2.4 Via contact methods on Our Website (Live chat)
15.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from the website
16.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
16.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
16.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
16.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
16.6 We reserve the right to amend these terms at any time. If we do so, we will publish the amended version on the Site. The amended terms and conditions will take effect from the time they are first published on the Site.
17.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales
17.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England,