Terms and Conditions

These following pages contain the terms and conditions in place for conducting business with Evolution Learning.

To help you find what you need, we have listed the sections below.

  • Section 1 – General terms
  • Section 2 – Access
  • Section 3 – Information and links on this site
  • Section 4 – Limitation and exclusion of Evolution Learning’s liability
  • Section 5 – Use by you of this site
  • Section 6 – Proprietary rights
  • Section 7 – Books and physical resources
  • Section 8 – Digital books and non-renewable e-resources
  • Section 9 – Live events
  • Section 10 – EDSCAPE Challenge hire terms and conditions
  • Section 11 – Digital downloads
  • Section 12 – Online training
  • Section 13 – Privacy policy
  • Section 14 – Customer service policy and complaints procedure

Definitions

“We”, “Us”, “Our”, “Evolution Learning” are all terms referring to the parent company Evolution Learning Ltd and any of its training and/or products, to include but not limited to Evolution Learning Ltd, RAD Maths, EDSCAPE, 5Boxes of Behaviour, Tech for Write, Thinking Around the Box, Time to Shine.

“You”, “Your” are terms referring to the legal entity authorised to purchase or use any training and resources, to include but not limited to, individuals, Schools, School Groups, MATs and Academies.

“Site(s)” is a term referring to all Evolution Learning websites and software portals, to include but not limited to Evolution Learning and associated product pages.

“Subscribed User” is defined as the person in charge of the school’s subscription (Executive Headteacher, Headteacher, Senior Leader, School Business Manager, Subject Leader, Teacher or similar).

“Registered User” is defined as any individual that is using the site, whether as part of a school purchase or subscription, or as an individual purchase

“Live Events” are defined as any of our products, courses or services that take place on a specific date and time, including, but not limited to, In-Venue Courses, Twilights, Consultancy, whether delivered in person or online.

“Online training” refers to the delivery of live and recorded training and the provision of online access to recordings of courses; to include, but not limited to, a single course booking, group course bookings, courses purchased as part of an Evolution Learning subscription/network booking, resources or any other such product which Evolution Learning Ltd may choose to define.

  1. General terms

1.1 Access to, and use by you, of this site is subject to these Terms and Conditions.

1.2 Use of this site constitutes your acceptance of these Terms and Conditions, which take effect when you first use this site.

1.3 Please read these Terms and Conditions carefully. By booking, purchasing, subscribing, or using any of our training and resources, you are accepting that you agree with these Terms and Conditions.

1.4 Evolution Learning reserves the right to change these Terms and Conditions at any time. You are responsible for checking this site to obtain notice of any such changes. Continued use by you of this site following any such changes constitutes your acceptance of these Terms and Conditions, as amended by the posted changes.

1.5 If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country, State or territory in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

1.6 These Terms and Conditions shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction for hearing any dispute arising under these Terms and Conditions.

1.7 The failure of Evolution Learning to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

1.8 The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

1.9 By placing an order with us by any means, for example via our website, over the phone or via email, you agree to an account being created for you on Evolution Learning’s booking system.

  1. Access

2.1 Whilst Evolution Learning endeavours to ensure that sites are normally available 24 hours a day, Evolution Learning will not be liable if, for any reason, the sites are unavailable at any time or for any period. Evolution Learning does not guarantee the functions contained in the sites will be uninterrupted or error-free, that the sites or its servers will be free of viruses or other harmful components, or that the sites cannot be tampered with by third parties.

2.2 Access to sites may be suspended temporarily or permanently and without notice. Evolution Learning may terminate use of services, with or without cause, at any time and effective immediately, at Evolution Learning’s sole discretion. Evolution Learning shall not be liable to the user or any third party for termination of service. Evolution Learning can also stop providing services by giving you advance notice, or, in certain circumstances (where permitted under this Agreement and/or by law and/or Regulatory Requirements), without giving you notice.

2.3 International access to Evolution Learning sites. It is your responsibility to ensure that access and use of any or all of our products, services, training and/or resources overseas, is permitted in your country. Evolution Learning will not be liable for any losses and will not refund in the event that permission is not granted by the rules and regulations of your country.

2.4 Force Majeure – If Evolution Learning is prevented, hindered or delayed from providing any services, products or sites in accordance with these conditions by an event which is beyond Evolution Learning’s reasonable control, including acts of terrorism, insurrection, riots, civil unrest and military action, the exercise of emergency powers by any local, regional or national governmental authority, fire, flood, earthquake, storm and other natural disasters, epidemic, pandemic or national emergency, industrial action, strikes and lock-outs, blockage or embargo or the failure or delay of supplies of power, fuel, transport, equipment, telecommunications systems, internet or other goods and/or services (including any third party materials) (a Force Majeure Event) Evolution Learning may, at its option:

(i) suspend the provision of the services, products and sites while the Force Majeure Event continues;

(ii) if Evolution Learning has insufficient capacity and/or resources to meet its commitments, apportion available capacity and/or resources to you as it decides; or

(iii) terminate any Contract so affected with immediate effect, by written notice to you, and Evolution Learning will not be liable for any loss or damage suffered by you as a result.

2.5 All financial transactions with Evolution Learning and you will be conducted in GBP.

  1. Information and links on this site

3.1 Whilst Evolution Learning endeavours to ensure that the information on this site is correct, no warranty, express or implied, is given as to its accuracy and Evolution Learning does not accept any liability for error or omission.

3.2 This site may, from time to time, contain links to third party websites which are controlled and operated by parties other than Evolution Learning. Evolution Learning is not responsible for the contents of any linked site. Access by you to a linked site is at your own risk. Third parties are responsible for ensuring that materials submitted for inclusion on this site comply with national and foreign law. We cannot guarantee the accuracy or compliance of this material and expressly disclaim any responsibility for error, omission or inaccuracy in the material.

3.3 Evolution Learning accepts no liability whatsoever and gives no warranty in relation to any goods or services sold by third parties to you through advertising on this site.

3.4 The inclusion of any link to a third-party site or of advertising of third party goods or services on this site does not imply any endorsement by Evolution Learning of the linked site or of any advertised goods or services.

3.5 We welcome the reporting of any errors found in our site or information relating to products, services, training and resources.

Please contact us using the Get in Touch form on the website.

  1. Limitation and exclusion of Evolution Learning’s liability

4.1 Evolution Learning shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use this site, or any material contained in it, or from any action or decision taken as a result of using this site or any such material purchased, leased or rented.

4.2 Nothing in these Terms and Conditions shall limit Evolution Learning’s liability for death or personal injury caused by its negligence. These Terms and Conditions do not affect or prejudice your statutory rights.

4.3 Evolution Learning’s entire liability to you in contract, tort (including negligence) or otherwise in relation to this site shall be limited to and under the direction and statute of applied insurance companies – not exceeding £1,000.00 for any one incident or series of related incidents.

4.4 The express Terms and Conditions of this Agreement shall apply in place of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, are excluded to the fullest extent permitted by law.

4.5 Users of any Evolution Learning product purchased or rented/leased from Evolution Learning or attendees on any Evolution Learning course are solely responsible for their own safety including physical participation in any activities.

4.6 The materials provided by Evolution Learning cannot be relied upon for legal interpretation. Neither Evolution Learning nor its employees, trainers or consultants can accept responsibility for the actions of Subscribed or Registered Users, or those of other people using the site in litigation, or responsibility for any loss incurred as a result of relying on the site.

  1. Use by you of this site

5.1 You must use this site in a lawful manner consistent with all applicable laws and regulations.

5.2 You must not use this site or any services on this site:

5.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, defamatory, obscene, or which breaches any other person’s intellectual property rights;

5.2.2 to send unsolicited emails or messages or to collect or store personal data about other users of this site without their consent or for any other purpose in breach of the Data Protection Act 2018;

5.2.3 to carry out any activities to obtain lists of users;

5.2.4 to use or transmit through this site any material that contains viruses or use any software designed to interrupt the functionality of any computer software or hardware or this site;

5.2.5 to do anything that imposes an unreasonable load on this site.

5.3 You agree to indemnify Evolution Learning and hold Evolution Learning harmless against any claims, and reasonable costs or expenses resulting from your use of this site or services on this site in breach of clause 5.

5.4 Use by you of this site in breach of this clause 5 entitles Evolution Learning to terminate immediately your access permission to this site.

  1. Proprietary rights

6.1 You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in this site, including but not limited to text, software (including applets), music, sound, photographs, graphics, video, page layout, are protected by copyrights, trade marks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only on the bases expressly set out below and any use such as but not limited to: copying, reproducing, transmitting, distributing, or creating derivative works of such content or information is prohibited without the prior express written authorisation of Evolution Learning.

6.2 You acknowledge that the copyright, design right and all other intellectual property rights in any product purchased from Evolution Learning and any other documents or items prepared or produced in relation to Evolution Learning belong to us absolutely. The names, images and logos identifying Evolution Learning and its products are proprietary marks of Evolution Learning.

6.3 You are permitted to print and download extracts from this site only on the following bases:

6.3.1 use of documents and related graphics on this site, downloads or creations from this site are for personal non-commercial use only;

6.3.2 any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use;

6.3.3 no documents or related graphics on this site are to be modified in any way;

6.3.4 no part of this site or any resources downloaded or created from the site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Evolution Learning’s prior written permission.

6.4 The copying, reproducing, transmitting, distributing, or creating of derivative works of the content or information contained in this site or from resources downloaded or created from this site are prohibited without the prior express written authorisation of Evolution Learning Ltd.

6.5 Any rights not expressly granted in these Terms and Conditions are reserved to Evolution Learning Ltd.

  1. Books and physical resources

7.1.1 The price of any products will be as quoted on our site, except in cases of obvious error.

7.1.2 VAT will be added at checkout/invoicing (where applicable).

7.1.3 It is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced, timed or dated. We will normally verify prices as part of our despatch procedure. Where a product’s correct price is less than our stated price, we will charge the lower amount when despatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatch, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

7.1.4 If you are purchasing from outside the United Kingdom, you will be charged in pounds sterling and the banks will perform a currency conversion when the bill is paid. All international invoices must be paid, in cleared pounds sterling, in advance of the event, booking or purchase.

7.1.5 Confirmation of your payment will be displayed on screen once it has been authorised and accepted. You will also receive confirmation of the transaction to the email address you have provided. In the place of invoicing, payment will need to be made inline with the invoicing details and agreement.

7.2.1 Your order of resources will be fulfilled within 7 days of the date of purchase unless otherwise specified on the website or as agreed during booking.

7.2.2 Delivery costs are as displayed on the website or agreed at booking.

7.2.3 Evolution Learning accepts no responsibility for costs associated with delayed or lost deliveries.

7.3 Refunds and cancellations – Books and Physical Resources.

7.3.1 Where we are unable to supply the products you have ordered for any reason, we will issue you with a refund within 7-10 working days of your order, by crediting the card or account with which you paid for your order.

7.3.2 If the goods we deliver to you are not what you ordered or are damaged or defective in any way, please let us know as soon as you can. We will then either (at your request) refund you the amount paid for the goods, or replace the goods you received.

7.3.3 Any refunds or replacements will only be issued once the original items are returned. Evolution Learning will not be liable for any costs associated with returns (postage, etc.)

  1. Digital books and non-renewable e-resources

8.1 The price of any products will be as quoted on our site, except in cases of obvious error.

8.2 VAT will be added at checkout or on invoicing (where applicable).

8.3 We are under no obligation to provide a product to you at an incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

8.4 Digital Products which are downloadable, such as certain E-Books, resources or training materials are not eligible for return or refund.

9 Live events

9.1 Payment:

9.1.1 Live event fees, including any additional transfer charges, are due in full prior to the event taking place. Arrangement for payment after the course date (or first date of an in-school package) must be made at time of booking or appropriate invoice details supplies as requested. Where such arrangements have been agreed, all fees must then be paid within 14 days of the live event taking place. In the event of late payment, we reserve the right to not accept future event bookings and to cancel bookings from your institution. We also reserve the right to charge daily statutory interest on any sums owing on overdue invoices, statutory interest being the Bank of England’s Base rate plus 8%.

9.1.2 All invoices will be issued on receipt of the booking and are payable within 14 days of the invoice date unless specific arrangements have been agreed between all parties. In the event of late payment, we reserve the right to not accept future bookings and to cancel bookings from your institution. We also reserve the right to charge daily statutory interest on any sums owing on overdue invoices, statutory interest being the Bank of England’s Base rate plus 8%.

9.1.3 Where applicable, reasonable travel and accommodation expenses are charged on all in-school event bookings. Mileage is charged at 45p per mile from the consultant’s home to, and from, the event location. You will be invoiced for this as soon as possible after the event, with payment due within 14 days.

9.2 Live Event Cancellation

9.2.1 All cancellations must be received in writing to hello@evolution-learning.co.uk. There will be no charge if you wish to change the details of a delegate on a course at any time.

9.3 Live Event Changes of Date

9.3.1 Evolution Learning reserves the right to reschedule course dates, change venues and alter the delivery method to include delivering courses by live stream or online. In the event that Evolution Learning changes the date or venue of a course, or changes the course to live online streaming only, the delegate will be informed via email.

9.3.2 A delegate may transfer from one course to another by requesting such a transfer in writing to hello@evolution-learning.co.uk at least 30 days prior to the original course taking place. A transfer fee of 20% plus VAT will be payable at the discretion of Evolution Learning

9.3.3 Once dates are booked for in-school live events or training, they can only be changed more than 30 days prior to the event taking place.

9.4 Changes to Live Event Content

9.4.1 Evolution Learning’s courses are frequently updated and enhanced and we reserve the right to alter any of the courses’ content without prior notice. Evolution Learning will make every effort to provide the services as specified, but if, for any reason beyond its control, it fails to do so, neither Evolution Learning nor its directors or employees shall be liable for any resulting loss or damage. In such circumstances, delegates will be offered an alternative date or a credit note.

9.5 Live Event Authorisation

9.5.1 By submitting a booking to us, by whatever means, you are acknowledging that you have received authorisation for this expenditure from the relevant person at your institution.

9.6 Legal interpretation

9.6.1 The courses and materials provided by Evolution Learning cannot be relied upon for legal interpretation. Neither Evolution Learning nor its employees, trainers or consultants can accept responsibility for delegates’ actions, or those of other people reading the course notes or interpreting the training in litigation, or responsibility for any loss incurred as a result of relying on the training or the training notes.

9.7 Live Event/Training Certificates

9.7.1 Evolution Learning may provide certificates to certify completion of selected courses or training. Please note certificates are provided at the sole discretion of Evolution Learning. If a certificate is provided, it is only provided once a course feedback form has been received, which forms an important part of our ongoing QA processes.

9.8 Live Event Liability

9.8.1 Evolution Learning holds not liability, financially or otherwise for incidents or issues arising while (or due to) travelling to and from live events or training. All activities while attending live events or training are undertake at the delegates own risk and understanding of personal limitations and/or medical conditions. Any live events which include physical participation elements are done so at the attendees own risk and any/all attendees can opt out or refuse participation without reason or explanation. Where participation will affect the successful completion or outcome of training, this will be communicated and made clear at the time of booking.

It is recommended that attendees/delegates dress appropriately for the training being undertaken and if unsure, contact us on hello@evolution-learning.co.uk

9.8.2 Any accidents or injury which occur on third party premises as a result of third party/premises negligence (accidental or otherwise), are under the liability of the premises owner or facilitator and not the responsibility of Evolution Learning Ltd – this includes but not limited to:

  • Slips, trips and falls
  • Injury as a result of moving in, our and around the premises
  • Injury as a result of using premises facilities, including toilets and car parks
  • Loss or damage to property, including vehicles parked onsite and personal property

 

  1. EDSCAPE Challenge Terms & Conditions Additional

Please read all terms and conditions within this section applicable to the hire, rental, lease of EDSCAPE Challenge products, resources and/or training – In addition to all other terms and conditions laid out withing the entirety of this document.

As we accept your order and make it a legally binding contract, we recommend that you read these terms and conditions to make sure you are happy with the contents prior to receiving the Goods.

10.1 Application

10.1.2 These Terms and Conditions will apply to the purchase or hire of the goods by you (the Customer or you) and us (Provider or us) in relation to EDSCAPE Challenge.

10.1.3 These are the Terms on which we sell/hire all Goods to you. By ordering Goods, you are agreeing to the Terms and Conditions.

 

10.2 Interpretation

10.2.1 Goods “the agreed items purchased by Customer as set out in the Order Confirmation.

10.2.2 Order “the confirmation of purchased’

10.2.3 Delivery box “the mechanism in which the items will be stored during transport to the agreed location’

10.2.4 Bag “Each delivery box contains 5 bags” a bag is defined as a product with items within it’

10.2.5 Items “The game play items supplied within each bag”

10.2.6 Risk Assessment “An assessment of potential risks and mitigation measures that should be undertaken by the Customer. Document provided to Customer on Order’

 

10.3 Basis of sale/hire of Goods

10.3.1 The Customer will receive a short-term hire of the EDSCAPE game owned by Evolution Learning Ltd.

10.3.2 Definition of short-term hire is agreed upon Order and Confirmation. For the purposes of the hire of EDSCAPE, short term is defined by 1 – 2 weeks.

10.3.3 By the process of Confirmation of Order, the Customer agrees to follow the recommended use of Goods as provided by the Provider at Confirmation and Delivery of Goods.

10.3.4 The Customer agrees to follow the guidance as set out in the Risk Assessment.

10.3.5 The Customer is liable for miss-use resulting from not following the recommended guidance as set out in the risk assessment.

10.3.6 The Provider accepts no liability for damage or injury caused during the use of Goods.

10.4 Prices and Payments

10.4.1 The price of the Goods and any additional delivery or other charges for the Goods is subject to change with variation of offers and promotions.

10.4.2 The price of the product is agreed at the time of purchase and will not be subject to change once agreement has taken place.

10.4.3 Prices are exclusive of VAT and the rate of VAT applicable at the time will be 10.4.4 included within the invoice accompanying the confirmation of Order and delivery date.

10.4.5 Payment for Goods must be made within 28 days of purchase. You will receive an invoice at the time of email confirmation of Order.

10.5 Deliverables

10.5.1 Goods will be delivered direct to delivery address agreed at the time of Order.

10.5.2 Goods will only be delivered to an address that has an OFSTED registration number. Goods will not be delivered to home or personal addresses.

10.5.3 Goods will be delivered during the agreed times as set out in the Order and confirmed at booking stage.

10.5.4 Goods not delivered by the agreed times will be subject to a 10% discount on the value of Order as agreed at booking stage.

10.5.5 Goods will be labelled for the attention of the individual who received the booking confirmation.

10.5.6 Goods will arrive in a delivery box secured with zip ties. If zip ties have been cut or are missing from delivery box please inform Provider immediately and prior to use of Goods.

10.5.7 If Customer does not inform Provider prior to use of Goods then the Customer will be subject to the costs of missing or damaged items as outlined in Responsibilities and Guarantees.

10.6 Responsibilities and Guarantees

10.6.1 It is the responsibility of the Provider to ensure all items required for full access the Goods are included at the time of delivery.

10.6.2 An inventory assessment will have been taken prior to the delivery of Goods and will be provided to the Customer at the time of delivery, located within the delivery box.

10.6.2 If items are found to be missing, this must be reported to the Provider upon first use of the Goods or within 48 hours whereby a replacement will be delivered to you by express delivery.

10.6.2 If missing items are not reported within the agreed timeframe, then the Responsibility will be on the Customer to replace pay the replacement costs as outlined below.

10.6.2 All individual missing or damaged items will be charged at a rate of £10 per item. This will be confirmed within 3 working days of return of Goods.

10.6.2 Level of damage will be assessed by the Provider upon return and if deem

10.6.2 A missing bag will be charged at £220.

10.7 Copyright Infringement

10.7.1 All rights to the design, contents and supporting materials belong to the Provider (Evolution Learning Ltd).

10.7.1 The Customer is not permitted to record the game sequence in full. Any recordings made are limited to 10 minutes in total.

10.7.1 The Customer is not permitted to share any recordings made more widely than their standard communication channels.

10.7.1 The Customer is not permitted to share the resources, downloadable information or video access with any persons or organisations outside of the Contacted Customer organisation.

10.8 Health and Safety

10.8.1 The Provider has undertaken a Risk Assessment of the Goods provided to the Customer on Confirmation of Order.

10.8.2 The Risk Assessment should be reviewed upon receipt. Any questions pertaining to the Risk Assessment should be raised with the Provider prior to receipt of Goods.

10.8.3 If the Customer does not raise any questions prior to receipt of Goods then non communication will be seen as Risk Assessment has been understood in full and the Customer will take the necessary mitigations as set out in the Risk Assessment.

10.8.4 Any questions pertaining to the information set out in these Terms and Conditions that the Customer believes will hinder their use of Goods must be sent via email to hello@evolution-learning.co.uk prior to receipt of Goods.

10.8.5 If the Customer has raised any questions that are yet to be answered by the Provider, the Customer is not permitted to partake in the use of Goods until all questions have been clarified.

10.8.6 If the Customer partakes in using the Goods prior to any questions receiving clarification, this will be understood as the Customer is happy to receive and pay for the Goods in line with the Terms and Conditions.

  1. Digital downloads

Digital downloads relate to the purchase of a digital licence(s), which includes, but is not limited to, downloadable resources, training materials, lesson plans and model texts.

11.1 Access to and use by you of Digital Downloads is subject to these Terms and Conditions.

11.1.2 The ordering of Digital Downloads constitutes your acceptance of these Terms and Conditions, which take effect at the time of your order.

11.1.3 Please read these Terms and Conditions carefully. By purchasing a Digital Download(s), you are accepting that you agree with these Terms and Conditions.

11.2 All purchases of Digital Downloads are final. You cannot cancel your purchase of a Digital Download(s) once delivery has started, including via download or by us making it available to you attached to an email or via the cloud or shared storage devices such as (but not limited to) Dropbox or Onedrive. By placing an order to purchase a Digital Download, you acknowledge and agree to this. We do not accept returns of Digital Downloads, except as required by law or unless indicated otherwise on the Digital Download page. Once you purchase a Digital Download, we make it available to you within 2 working days. You are responsible for downloading (if applicable) and confirming your ability to access downloads, including retrieving the licence key for the downloads (if applicable), and bear all risk of loss after downloading the Digital Download or retrieving the licence key, including any loss due to a computer or hard drive malfunction. If you are unable to complete a download or access a digital download, please contact Evolution Learning for assistance.

11.3 Where we are unable to fulfil the licence for the download you have ordered, we will issue you with a refund within 7-10 working days of your order, by crediting the card or account with which you paid for your order.

11.4 By purchasing a licence, by whatever means, you are acknowledging that you have received authorisation for this expenditure from the relevant person at your institution.

11.5 Your Licence

11.5.1 By purchasing a Digital Download, you are buying a license from Evolution Learning allowing you to access and use the Digital Download in your school or institution, for a period of up to twelve months. On purchasing a download, you authorise us to charge your credit card or invoice your school for the advertised licence fee immediately. At the end of your twelve month licence period, your licence will automatically renew, unless you inform us, with 30 days’ notice, that you would like to cancel your licence.

11.5.2 In order to cancel or part-cancel (if you have more than one digital product) your Digital Download licence with Evolution Learning, you will need to complete, sign and return (via the email address hello@evolution-learning.co.uk.) a ‘Notice of Cancellation’ form, confirming that you have;

Permanently deleted all copies of the Digital Downloads from your IT storage systems

That all copies of the Digital Downloads have been permanently deleted from individual teachers’ and school support staff’s laptops and storage devices

That all references to Evolution Learning’s Digital Downloads have been permanently deleted from all School Development Planning documents

That all and any printed hard copies have been destroyed.

11.5.3 On termination of the licence, for any reason, Evolution Learning reserves the right to withdraw all rights granted under the licence and you shall discontinue the use of all material relating to the Digital Download across the whole organisation.

11.5.4 To obtain a PDF of our cancellation form, please email hello@evolution-learning.co.uk. For your digital download annual subscription to be cancelled you must sign and return the form to hello@evolution-learning.co.uk 30 days prior to the end of your contract year/period.

11.6 Registration

11.6.1 Only members of staff working in a school who have purchased a licence may use and access the Digital Downloads.

11.6.2 By accessing and using our Digital Downloads, you agree that:

  • (i) you will not do anything which would assist anyone who is not employed by a licensed school to gain access to the Digital Downloads; and
  • (ii) you will not seek to modify the downloads; nor will you seek to pass off the content as your own.

11.6.3 You agree to notify us immediately if you become aware of any unauthorised use of the Digital Downloads licensed to your school or organisation.

11.7 If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your licence immediately and without prior notice.

11.8 We may terminate your licence, at our sole discretion, by emailing you at the address you provided during your initial order, stating that the agreement has terminated.

11.9 By using our Digital Download, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable.

  1. Online training

12.1.1 Whilst Evolution Learning endeavours to ensure that online courses, resources and associated recordings are available 24 hours a day, Evolution Learning will not be liable if for any reason they are unavailable at any time or for any period. Evolution Learning does not guarantee the functions contained in the online courses or resources will be uninterrupted or error-free, that this will be free of viruses or other harmful components, or that this cannot be tampered with by third parties.

12.1.2 Access to online courses or resources may be suspended temporarily, without notice. Evolution Learning shall not be liable to the user or any third party for the suspension of the licence.

12.1.3 Evolution Learning reserves the right to vary or cancel an online course where the occasion necessitates and accepts no liability if, for whatever reason, the course does not take place.

12.1.4 Evolution Learning will have no liability if you cannot access the online course or resources due to firewalls, other hardware or software issues within your organisation or failure of any system by you. It is your responsibility to check that the link works on your system.

12.2.1 Use by you of our online training is subject to our fair use policy, which is determined by the sole discretion of Evolution Learning. Should Evolution Learning consider your online training use to be in breach of what Evolution Learning considers to be fair use, Evolution Learning reserves the right to terminate your access to online training immediately and without notice.

12.2.2 Use by you of online training in breach of clause 12.2.1 entitles Evolution Learning to immediately terminate your use of our online training.

12.3 Refunds and cancellations

12.3.1 All purchases of online training and/or resources are final. You cannot cancel your purchase of online training once delivery has started, including via download or by us making it available to you through our portal. By placing an order to purchase online training, you acknowledge and agree to this. We do not accept returns of online training, except as required by law. Once you purchase online training, we make it available to you on the agreed date and for a specified period of time thereafter, as a recording, as specified within the product, subscription or membership purchased. You are responsible for access to the online training, including retrieving the licence key for the online training if applicable, and bear all risk of loss after accessing the online training or retrieving the licence key, including any loss due to a computer or hard drive malfunction. If you are unable to access online training, please contact Evolution Learning for assistance, using the Get in Touch form on this website.

12.3.2 Where we are unable to fulfil the licence for the online training you have ordered, we will issue you with a refund within 7-10 working days of your order, by crediting the card or account with which you paid for your order.

12.3.3 By purchasing a licence, by whatever means, you are acknowledging that you have received authorisation for this expenditure from the relevant person at your institution.

12.4 Your licence

12.4.1 By purchasing online training, you are buying a licence from Evolution Learning, allowing you to access and use the online training in your school, for a specified period, subject to a minimum term of 7 days. On purchasing online training, you authorise us to charge your credit card or invoice your school for the advertised licence fee immediately.

12.4.2 On termination of the licence for any reason, Evolution Learning reserves the right to withdraw all rights granted under the licence and you shall discontinue the use of all material relating to the online training across the whole organisation.

12.6.1. Your subscription begins on the date of purchase and runs for a period of 12 months. At the end of your subscription period, your subscription will automatically renew for a further 12 months, unless you inform us with 30 days’ notice that you would like to cancel your subscription. Removal of the 30 days’ notice can be made at the discretion of Evolution Learning Directors and will me made on a case by case basis.

12.7 Registration

12.7.1 Only members of staff currently working in a school which has purchased a licence may use and access the online training or resources.

12.7.2 Members of staff should access the system using their school email addresses wherever possible. You are responsible for ensuring that the data you provide to us is accurate.

12.7.3 If email addresses provided by you for members of staff are personal email addresses, by providing them to us you confirm that you have the user’s express permission to use their personal data and email address and that they accept the terms of use within our privacy policy.

By accessing and using our online training, you agree that:

(i) you will not do anything which would assist anyone who is not employed by a licensed school to gain access to the online training; and

(ii) you will not seek to modify the online training; nor will you seek to pass off the content as your own.

You agree to notify us immediately if you become aware of any unauthorised use of the online training licensed to your school or organisation.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your licence immediately and without prior notice.

We may terminate your licence, at our sole discretion, by emailing you at the address you provided during your initial order, stating that the agreement has terminated.

  1. Privacy policy

Evolution Learning (“We”) are committed to protecting and respecting your privacy, in accordance with General Data Protection Regulation. We commit to:

  • comply with both the law and good practice
  • respect individuals’ rights
  • be open and honest with individuals whose data is held
  • provide training and support to staff who handle personal data, so that they can act confidently and consistently
  • register our details with the Information Commissioner’s Office (ICO) where appropriate

This policy (together with our Terms & Conditions and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. We keep certain basic information when you visit our website and recognise the importance of keeping that information secure and letting you know what we will do with it.

For the purpose of the Data Protection Act 2018 (the Act), the data controller is Evolution Learning of Suite 16, 1 Hanley St, Nottingham, NG1 5BL.

This policy only applies to our site. If you leave our site via a link or otherwise, you will be subject to the policy of that website provider. We have no control over that policy or the terms of the website and you should check their policy before continuing to access the site.

Information we may collect from you

We may collect and process the following data about you:

  • Information that you provide by filling in forms on our site www.evolution-learning.co.uk (our site) including all product/training/resource pages owned by Evolution Learning. This includes information provided at the time of registering to use our site, subscribing to our service or requesting further services, training or resources. We may also ask you for information when you report a problem with our site.
  • If you contact us, we may keep a record of that correspondence.
  • We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
  • Details of your visits to our site, including, but not limited to, traffic data, location data, weblogs, operating system, browser usage and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

Data Protection Principles

There are six data protection principles that are core to the General Data Protection Regulation. We will make every possible effort to comply with these principles at all times in our information-handling practices. The principles are:

  • Lawful, fair and transparent – Data collection must be fair, for a legal purpose and we must be open and transparent as to how the data will be used
  • Limited for its purpose – Data can only be collected for a specific purpose
  • Data minimisation – Any data collected must be necessary and not excessive for its purpose
  • Accurate – The data we hold must be accurate and kept up to date
  • Retention – We cannot store data longer than necessary
  • Integrity and confidentiality – The data we hold must be kept safe and secure

Key risks – The main risks are in two areas;

  • information about individuals getting into the wrong hands, through poor security or inappropriate disclosure of information
  • individuals being harmed through data being inaccurate or insufficient

Responsibilities

Evolution Learning is the data controller for all personal data held by us and is responsible for:

  • Analysing and documenting the types of personal data we hold
  • Checking procedures to ensure they cover all the rights of the individual
  • Identifying the lawful basis for processing data
  • Ensuring consent procedures are lawful
  • Implementing and reviewing procedures to detect, report and investigate personal data breaches
  • Storing data in safe and secure ways
  • Assessing the risk that could be posed to individual rights and freedoms should data be compromised

IP addresses and cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual and we will not collect personal information in this way.

We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

  • To estimate our audience size and usage pattern.
  • To store information about your preferences, and so allow us to customise our site according to your individual interests.
  • To speed up your searches.
  • To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Data recording, security and storage

We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it is obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this. We will retain personal data for no longer than is necessary.

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

In cases when data is stored on printed paper, it will be kept in a secure place where unauthorised personnel cannot access it. Printed data will be shredded when it is no longer needed.

Data stored on disk, memory sticks or portable hard drives will be encrypted or password protected and locked away securely when they are not being used. Cloud services used to store personal data will be assessed for compliance with GDPR Principles. Data will be regularly backed up. All servers containing sensitive data must be protected by security software. All possible technical measures will be put in place to keep data secure.

Accountability and Transparency

We will ensure accountability and transparency in all our use of personal data. We will keep written up-to-date records of all the data processing activities we do and ensure that they comply with each of the GDPR principles.

We will regularly review our data processing activities, and implement measures to ensure privacy by design, including minimisation, transparency and continuously improving security and enhanced privacy procedures.

Uses made of the information

We use information held about you in the following ways:

  • To ensure that content from our site is presented in the most effective manner for you and for your computer.
  • To provide you with information, training and resources that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To allow you to participate in interactive features of our service, when you choose to do so.
  • To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

Disclosure of your information

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation to our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Consent and your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at hello@evolution-learning.co.uk or at Suite 16, 1 Hanley St, Nottingham, NG1 5BL.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

We will ensure that consents are specific, informed and plain English, such that individuals clearly understand why their information will be collected, who it will be shared with and the possible consequences of them agreeing or refusing the proposed use of the data. We will seek explicit consent wherever possible. We will maintain an audit trail of consent by documenting details of consent received including who consented, when, how, what, if and when they withdraw consent. We may hold details of consent in an encrypted, secure format online and may also maintain the consents in a spreadsheet. We will regularly review consents and seek to refresh them regularly or if anything changes.

We will comply with both data protection law and Privacy and Electronic Communications Regulations (PECR) when sending electronic marketing messages. PECR restricts the circumstances in which we can market people and other organisations by phone, text, email or other electronic means.

Subject Access Requests

An individual has the right to receive confirmation that their data is being processed, access to their personal data and supplementary information which means the information which should be provided in a privacy notice. We will provide an individual with a copy of the information requested within one month of receipt of the request. We will provide the data in a structured, commonly used and machine-readable format. This would normally be a PDF file, although other formats are acceptable. We must provide this data either to the individual who has requested it, or to the data controller they have requested it be sent to. Once a subject access request has been made, we will not change or amend any of the data that has been requested.

Any subject access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. If complying with the request is complex or numerous, the deadline can be extended by two months, but the individual will be informed within one month.

We can refuse to respond to certain requests, and can, in circumstances of the request being manifestly unfounded or excessive, charge an additional fee. If the request is for a large quantity of data, we can request the individual specify the information they are requesting.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email. However, we advise that you check this page regularly to keep up to date with any necessary changes.

Contact

Questions, comments and subject access requests regarding this privacy policy are welcomed and should be addressed to hello@evolution-learning.co.uk or at Suite 16, 1 Hanley St, Nottingham, NG1 5BL.

  1. Customer service policy and complaints procedure

Evolution Learning is committed to providing high-quality services to our clients at all times. If something does not go to plan, we will act quickly to resolve the situation.

If you would like to make any comments, suggestions, raise a query or make a complaint about the service you have received, please contact us. Our contact details are set out below. We will respond to your query within three working days where possible.

This policy will be kept up to date, to reflect changes in the nature and size of the business. To ensure this, the policy and its effectiveness will be reviewed annually.

Courtesy

All of our consultants will be informed of our customer service standards and will exhibit:

  • Customer-friendly service skills
  • Outstanding knowledge in the service provided
  • Professionalism
  • Courtesy in meeting the needs of our customers.

Communication

We, at Evolution Learning, will return all phone calls and emails received within agreed timescales. Where we are unable to meet this agreement, we will inform you of this as soon as possible and agree a new deadline.

Consistency

As part of our commitment to upholding professional standards, we will review our policies annually to ensure that they continue to meet business needs. We will make sure that the policy will be applied consistently to all our customers.

Complaints

We, of course, hope that you are completely happy with our service, but if something does go wrong, we would like to know about it, so that we can put things right and ensure it does not happen again.

Evolution Learning seeks fair, just and prompt solutions, where possible, to any complaints and appeals. All such issues should be directed to the office, where they will be acknowledged and directed to the attention of the appropriate person or persons. The issue will be investigated and responded to within 7 working days. Where we are unable to meet this agreement, we will inform you of this as soon as possible and agree a new deadline.

You can contact us as follows:

  • Telephone: 0116 319 4348
  • E-mail: hello@evolution-learning.co.uk
  • Post: Evolution Learning, Suite 16, 1 Hanley St, Nottingham, NG1 5BL.

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