Home Academy Subscribing User Terms and Conditions Please read our Terms and Conditions before clicking 'Accept'. Last updated on 20 April 2024. 1. What do these terms cover? Thank you for signing up to Home Academy, provided by us, The Peter Jones Foundation (our full registration details are available here). These terms (Terms) apply to; your access (as a private individual) to Home Academy; your use of the software that powers Home Academy (Software); the content you may have access to as part of your membership to Home Academy; and any documentation that we provide to you. In these terms, we refer to Home Academy and the Software together as the Learning Platform. We've tried to make these terms easy to read and understand — avoiding jargon wherever we can. Please read them carefully because they're legally binding. 2. How do I create an account? In order to access the Learning Platform, you must sign up via our website (Site) for a Home Academy account (Account). You must only apply for an Account in your name, except where you are a parent, teacher or other appropriate adult helping a child to create their account. We reserve the right, at our discretion and without cause, prior to entering any agreement, not to accept an application to create a Home Academy Account, or to revoke any accounts we believe to be fraudulent, or which have taken unfair advantage of a child in any way. No charge will be made by us for declined applications. 3. How does the subscription and payment work? Subscription fees. You will pay to us all applicable Subscription fees, payable as explained on our Site and as confirmed to you by email. All Subscription fees are non-refundable and non-cancellable, except where required by law. How payments are made: We take payment from you for the fees applicable to your subscription. Payment is required before your Home Academy Account will be activated and, when you signed up to an automatically renewing plan, shortly before your current subscription expires. If you sign-up and pay for a yearly plan in advance, as set out on the Site, you will receive a discount on the purchase compared to the usual monthly cost. Home Academy offers term and annual subscription plans. Each plan may consist of an initial period for which there is a one-time charge, followed by recurring periodic charges as agreed to by you when you sign up for Home Academy. Except where you signed up to a one off plan, unless and until you cancel your subscription, the subscription will be automatically extended for successive renewal periods of the same duration you initially selected (monthly or annually), at the then-current non-promotional rate. You will be notified of any price increase in advance by email. If you cancel, your subscription will not be renewed after your then-current subscription term expires. Automatic renewal. By subscribing to Home Academy, you acknowledge and agree that there is an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation. Non-payment: We will not be required to provide the Learning Platform to you if the relevant fee (plus applicable taxes) is not paid to us on time. You must ensure that we have complete and accurate billing and contact information throughout your subscription, including your full name, and a contact email address. If fees become overdue, because for example our fees are unpaid or your credit card has expired, we reserve the right to suspend your access to the Learning Platform until the balance is paid and/or we may close your Account permanently without notice, in addition to our wider remedies at law. 4. What is the Software? The Software provides you with the ability to access our online e-learning course content. The Software is continually under review and its features and functionality may change throughout your subscription at our sole discretion, provided that the Software will perform substantially in accordance with the description given on our Site, provided you are not in breach of these Terms. 5. How can I contact you? Please see our Contact Us page for our contact details. 6. How will you contact me? If we have to contact you we will do so using the email address registered against your Account. 7. When can I access new content in the Site? You can access new content as soon as it is available on our Site - but please see I've changed my mind, can I cancel my first order? below. We will supply the Learning Platform to you until your subscription expires or if you or we end the contract as described below. 8. I've changed my mind, can I cancel my first order? For digital content The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. However, you will waive this right to cancel once you have accessed the Learning Platform. 9. How do I cancel my subscription? If you are on a recurring plan, you can stop your subscription from auto-renewing at the end of your then current subscription period (for monthly or annual subscriptions), at any time by logging into your Account. Cancellation of a subscription must be made at least 72 hours before your scheduled billing date to be effective/valid. 10. How do the courses work? During the year, we have 3 terms, each comprising of 12-week modules to help best facilitate our learners' growth. Each term will come with six activity sheets that are designed to help test the understanding of a learning module. Once each of the 6 activity sheets have been completed to our standards and uploaded, the module will be passed. If a learner passes all three terms, you will be invited to our special graduation ceremony. Keep an eye on our Site for periodic challenges that will be posted outside of the regular curriculum. These challenges are a chance for you to showcase your creativity and compete with other learners. You can participate by writing in or creating a video submission. These challenges will be separate to the learning modules/courses offered on the Learning Platform and governed by separate terms and conditions that you will need to read and accept as a precondition to participating in the applicable challenge. 11. How do you handle my personal data? We have set out how we handle your personal data in our Privacy Policy 12. There's something wrong - what are my rights? Outside of being able to change your mind, your right to cancel will depend on whether there is anything wrong with the Learning Platform, whether we are at fault and when you decide to end the contract. We've explained this in more detail below. 12.1 Digital Content • If the Learning Platform is faulty or misdescribed, you may have a legal right to end the contract. • If you are ending a contract for a reason set out at (1) to (4) below, the contract will end immediately and we will refund you in full for any fees paid in advance where the Learning Platform has not been provided. The reasons are: 1. we have told you about an error in the price or description of the Learning Platform and you do not wish to proceed; 2. there is a risk that supply of the Learning Platform may be significantly delayed because of events outside our control; 3. we have suspended supply of the Learning Platform for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or 4. you have a legal right to end the contract because of something we have done wrong. 13. Your licence When you accept these Terms we will grant you a right to use our Learning Platform, that is personal to you only (meaning you cannot transfer the licence to anyone else). When you accept these Terms, you agree not to: • access our Learning Platform so that you can build a product or service that competes with Home Academy; • commercially exploit our Learning Platform without our written permission, this includes licensing, selling, renting, or leasing parts of our Software; • copy parts of our Software/Learning Platform, or create new software that's based on our Software; • access or tamper with areas of Home Academy that aren't public, or try to get around the measures we have in place to protect these areas; • use our Learning Platform to store or distribute any malicious software (like viruses, trojan horses, worms, or malware); • use our Learning Platform to store any material that's unlawful, harmful, or offensive; or • break the law when using Home Academy. 14. Intellectual property rights When we say Intellectual Property Rights, we mean any patents, copyrights, moral rights, trademarks, business names, domain names, designs, software rights, or confidential information that we hold and or which are licensed to us. We also mean any other intellectual property rights (registered or not registered) that we hold now or will hold in the future. We own or otherwise have rights to all Intellectual Property Rights to our Learning Platform, and these Terms don't give you any of these rights save for the grant of the limited licence referenced below. When we give you access to the Learning Platform we give you a limited, non-exclusive, revocable, licence to access and make personal, non-commercial use of the Learning Platform. This means you can only use the Learning Platform, including any content on our app, website or in materials we might send you (Content), for your own private use and consistently with our Terms. You are not permitted to make any copies or use the Content in any other way without our consent. Your right to access our Home Academy does not include any right to: • modify, alter, reproduce, copy or resell any Learning Platform or Content; • create additional translations of any Learning Platform or Content; • create any other derivative work from the Learning Platform or Content; • use any part of the Learning Platform or Content for commercial purposes, including promotional use; • delete or augment the Learning Platform or Content; • rent, loan, lease, sub-License or transfer the Learning Platform or Content to third parties; • bypass any measures used by us or our partners to prevent or restrict access; or • upload, post, reproduce or distribute Learning Platform or Content in any way. 15. Can I upload content as part of using the Learning Platform? You must only upload content to our Site that you own or otherwise have the right to use. You must not upload any files or content to the Site which violates applicable law or is harmful or otherwise inappropriate. If you upload any content as part of using the Learning Platform then you agree that we and any of our other users will have a licence to use, store and copy that content for free and without restriction. If a third party claims that any content breaches their intellectual property rights or rights to privacy then we have the right to disclose your identity to them. 16. Can you or I transfer these Terms to someone else? In the future, we might transfer the rights and obligations we have under these Terms to another person, provided it doesn't materially affect your rights. You can't transfer your rights or obligations under these Terms to anybody else. This is because these Terms are personal to you — and nobody else is entitled to benefit from them. 17. What happens if the Learning Platform crash or there is an error with Home Academy? While we hope you'll love Home Academy, we can't guarantee that it'll meet your needs. We also don't guarantee that the Learning Platform will always be available or free from errors. From time to time, it's possible that your access to Home Academy via our Learning Platform will be interrupted. If this happens, we won't be responsible for any loss or damage that comes about as a result. We take steps to preserve your data and protect its integrity. These steps include replicating the data to protect against hardware failure, and where possible, taking regular backups. We won't be responsible for loss of your data, or any corruption to it. 18. What happens if I don't follow these Terms? If you don't follow the Terms we've set out, we can remove your access to Home Academy straight away. This means that you'll no longer be able to access your Account, and you won't be allowed to open a new Account in the future. We can also remove your access to all or parts of Home Academy without giving you a reason. For example, if you upload offensive or abusive content we will remove your access immediately. In some cases, in circumstances where it is appropriate to do so, we'll provide you with at least 30 days' notice before removing your access. 19. What happens if you don't follow these Terms? If we don't follow these Terms, then we'll be responsible for the part of any foreseeable loss or damage that you suffered as a direct result of acts or omissions caused by us, up to a maximum of £100. In addition, even if we don't follow these Terms, we won't be responsible for any loss or damage that isn't foreseeable. When we say "foreseeable", we mean that: • it was obvious that it would happen; or • at the time we made this agreement, we and you both knew that it might happen. Currently our Learning Platform is provided for personal use by individuals only. This means that, even if we don't follow these Terms, we're not responsible for any business interruption, or loss of business earnings or opportunities. We also reserve the right to close any Account for any reason by giving not less than thirty (30) days’ notice and refunding any unused Subscription fees on a pro rata basis. To be clear, we don't limit our responsibilities to you where it wouldn't be lawful. For example, we don't limit our responsibility to you when we've breached your consumer rights. We also don't limit our responsibility to you when we've caused death or personal injury due to our negligence. 20. Do you monitor my use of Home Academy? To keep Home Academy safe and running smoothly, we keep an eye on how people are using our Learning Platform and take action when we need to. You agree that we can monitor your use of Home Academy to make sure you're not breaking our Terms. We'll always do this in line with our Privacy Policy. To learn more about how we'll use your personal information, please read our Privacy Policy. 21. What laws apply to these Terms? These Terms are governed by English law (in relation to both contractual and non-contractual matters) and the English courts will have jurisdiction over any claim. Home Academy Community Guidelines Before you get started, it's important you read and understand our Community Guidelines. PROHIBITED USES You may not use Home Academy for any of the following: · in any way that is unlawful. · to bully, insult, intimidate or humiliate any person. · to transmit any harmful programs or similar computer code designed to harm a computer system. You also agree: · not to copy or sell any part of Home Academy. · not to disrupt or reverse engineer any part of Home Academy. CONTENT STANDARDS The following Content Standards apply to the coursework and other materials or content that you upload to Home Academy (in any case, Contribution). Home Academy will determine whether all or any Contribution from you breaches our Content Standards. All Contributions must be accurate, and only contain information you believe to be true. All Contributions must not do any one or more of the following: · be likely to harass, upset, embarrass, alarm or annoy any other person. · encourage, promote or provide instructions for self-harm or suicide. · encourage, promote or provide instructions for an eating disorder or behaviours associated with an eating disorder. · promote sexually explicit material. · infringe any copyright, database right or trade mark of any other person. · include video content that has been or would be likely to be given an R18 certificate by the British Board of Film Classification (BBFC). · breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence. · be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety. · give the impression that the contribution comes from Home Academy, if this is not true. · contain advertising for alcohol, cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine or anything else potentially harmful and/or damaging to health. BREACH OF OUR COMMUNITY GUIDELINES When we consider that a breach of our community guidelines has occurred, we may take such action as we deem appropriate, including temporary or permanent suspension and/or deletion of any content uploaded by you, and/or your account. We may also notify your parent/educational institution or other person/body connected with your account about our decision and explain the reason why we took such decision. We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.