​1. Introduction

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1.1 Our Purpose

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In plain English: Katala Education Ltd provides educational services with interactive features for learning and revising GCSE Maths.

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Thanks for choosing Katala Education Ltd (“Katala”, “we”, “us”, “our”). We provide educational services with interactive features for learning and revising for GCSE Mathematics. As detailed below we offer numerous resources on our Website (“www.katala.co.uk” and any of its subdomains, collectively the “Website”) and as part of our related Services (collectively, the “Services”) to enable our users to learn and strive for the best grades they can achieve.

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1.2 Legal Agreement

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In plain English: By using our Website and/or any of our Services, you are entering into a legal agreement with us, consisting of these Terms & Conditions of Use, and our additional Services’ legal terms. By using our Website and/or any of our Services, you signify your consent to these Terms & Conditions of Use. You also acknowledge that you have read our Privacy Policy and consent to our privacy practices too. You may not use our Website or any of our Services if you do not consent to all our Terms.

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These Katala Terms & Conditions of Use (“Terms & Conditions of Use”), together with such additional terms which specifically apply to some aspects of our Website and Services (collectively, the “Katala Terms”, “Terms”), all set forth the entire terms and conditions applicable to each Visitor and User (“Visitor” and “User” respectively, and collectively “you”) of our Website and any of our Services, except where we explicitly state otherwise.

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The Katala Terms constitute a binding and enforceable legal contract between Katala Education Ltd, its affiliated companies worldwide, and you in relation to the use of the Katala Website and any of our Services. For this reason, it is important you read the Katala Terms carefully.

 

You may visit and/or use the Katala Website and any of our Services only if you fully agree to the Katala Terms. By becoming a member of, or otherwise using, our Website and any of our Services, you signify and affirm your informed consent to these Terms & Conditions of Use and any other Katala Terms applicable to your use of the Katala Website and any of our Services. If you do not read, fully understand and agree to the Katala Terms, you must immediately leave the Katala Website and avoid or discontinue all use of our Website and Services.

 

By using our Website and/or any of our Services, you acknowledge that you have read our Privacy Policy.

 

1.3 Our Relationship with Wix.com

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In plain English: Katala’s Website and many of our Services are developed and hosted on Wix.com. Wix.com is a software company providing web development services through the use of online drag and drop tools. Wix.com may collect and process information regarding our Visitors and Users, solely on our behalf and at our direction. Wix.com has no direct relationship with our Visitors or Users, and if you are one of our Visitors or Users please only contact us directly. For information regarding privacy and our relationship with Wix.com, please refer to Section 2: “Katala’s relationship with Wix.com” of our Privacy Policy.

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The Katala Website and many of our Services are hosted and developed using Wix.com Ltd. (“Wix.com”). Wix.com is an Israeli software company, providing cloud-based web development services. It allows Visitors or Users to create HTML5 websites and mobile sites through the use of online drag and drop tools.

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Katala relies on Wix.com to collect, store and process certain Non-Personal and Personal Information from our Visitors and Users, solely on our behalf and at our direction. For example, each of our Visitors or Users is required to provide their first and last name, and an email address upon registering with Katala. This information is collected and then stored with Wix.com, on behalf of Katala.

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For further information regarding Katala’s relationship with Wix.com please refer to Section 2: “Katala’s relationship with Wix.com” of our Privacy Policy.

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1.4 User Account

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In plain English: To use and enjoy certain aspects of our Website and Services, you need to create a User Account. You should keep your username and password protected and safe, and should never share this with anyone else. All activities that occur under your User Account are your responsibility and you could be held accountable for them. The User Account information you provide us must be your own, or that of your parent or guardian if they are purchasing a subscription on your behalf, and be accurate and complete. When a User Account is disputed, we may determine the ownership of said User Account.

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In order to access and use certain aspects of our Website and Services, you must first register and create an account with Katala (“User Account”).

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If anyone other than yourself accesses your User Account and/or any of your User Account’s settings, they may perform any actions available to you; make changes to your User Account and accept any legal terms available therein; make various representations and warranties; and more. All such activities will be deemed to have occurred on your behalf and in your name.

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For this reason, we strongly encourage you to keep the login credentials of your User Account confidential, and never allow such access to other people as you will be solely and fully responsible for all activities that occur under your User Account (including for any representations, warranties, and undertakings made therein), whether or not specifically authorised by you, and for any damages, expenses or losses that may result from such activities. In response to such activities, we may deem it appropriate to terminate your User Account in accordance with the Terms outlined under Section 2: “Your Obligations to Us”.

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You must provide accurate and complete information when registering your User Account and using the Katala Website and Services, to which you are the sole and exclusive rights holder. We strongly encourage you (or your parent or guardian) to provide your own (or your company’s, parent’s or guardian’s) contact and billing details, including your valid email address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
 

2. Your Obligations to Us

 

2.1 You represent and warrant that:

 

In plain English: To use our Website and/or any of our Services, there are certain obligations you need to meet. Among others, you need to be of a certain legal age and reside and use our services in a permitted location. In addition, you must own all rights to any content you upload or publish to the Katala Website and any of our Services, ensure that such content is legal and reliable, and ensure that anything you do with it (or enable Katala to do with it) is legal.

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• You are at least thirteen (13) years of age and possess the legal authority, right and freedom to enter into the Katala Terms and form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Katala Terms.

• Your country of residence (and/or your company’s, parent’s, or guardian’s country of residence) is the same as the country specified in the billing address you provide us.

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Specifically, regarding your User Content:

 

• You confirm you own all rights in and to any posts, comments, messages, photos or other content uploaded or provided by you to our Website or any of our Services (“User Content”).

• You are not allowed to use this Website or any of our Services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

2.2 You undertake and agree to:

 

In plain English: This is a list of Musts.

• You must apply with all applicable laws.

• You will be responsible for your actions and for the actions of anyone who accesses your User Account.

• You agree that we may send you promotional messages and content. You can easily opt-out of receiving promotional messages by unsubscribing.

• You allow us to use your content, including without limitation your posts, comments, messages, photos and otherwise uploaded content for the development of our own material, to make improvements to our Website and/or any of our Services, and any other activity we deem necessary in good faith.

• You agree that Katala has the right to impose and change price plans for its Website and/or any of its Services. Additionally, Katala may impose restrictions depending on your specific usage of our Website and/or any of our Services.

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• Fully comply with all applicable laws and any other contractual terms which govern your use of the Katala Website and Services (and any related interaction or transaction).

• Be solely responsible and liable with respect to any of the uses of the Katala Website and/or Services that occur under your User Account and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using, or publishing such User Content on or with respect to the Katala Website and Services).

• Receive from time to time promotional messages and materials from Katala by email or any other form of contact you provide us with. If you wish not to receive such promotional materials or notices, please unsubscribe at any time.

• Katala’s sole discretion as to the means, manner, and method for providing the Katala Website and performing the Katala Services.

• Katala shall have the right to offer the Katala Website and Services in alternative price plans and impose different restrictions as for the use of our Website and/or any of our Services in those price plans.

 

2.3 You undertake and agree not to:

 

In plain English: This is a list of Must Nots. In general, we just want you to be friendly, use our Website and Services for their intended purpose - helping you get the grades you need in GCSE Maths - and avoid doing anything that might harm us or anyone else. In summary, you may not copy our materials, use any content in an illegal or harmful manner, use our Website, Services or any of our content on any platform, website, or service not provided by us, make any misrepresentations or abuse our Website or Services, or otherwise violate anyone’s rights or applicable laws. Failure to abide by any of these rules may bring us to cancel your User Account, any Subscription Plan(s) you’ve purchased and stop providing you with access to our Website and any of our Services.

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• Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Katala Website, the Katala Services (or any part thereof), or any Content offered by Katala. Further, you agree not to publicly display, perform, transmit or distribute any of the foregoing without Katala’s prior written and specific consent and/or as expressly permitted under the Katala Terms.

• Submit, transmit, or display any User Content in a context which may be deemed as defamatory, libellous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Katala or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval.

• Use any illegal action to collect login data and/or passwords for other websites, third parties, software or services.

• Phish, collect, upload, or otherwise make available credit card information or other forms of financial data for collecting payments.

• Publish and/or make any use of the Katala Website, Services, or Content on any website, media, network, or system other than those provided by Katala, and/or frame, “deep link”, “page scrape”, mirror and/or create browser or border environments around any of the Katala Website, Services, or Content.

• Use any “robot”, “spider”, or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Katala Website or Services, its data or Content.

• Act in a manner which might be perceived as damaging to our reputation and goodwill, or which may bring Katala into disrepute or harm.

• Purchase search engine or other pay per click keywords (such as Google Adwords), or domain names that use Katala or Katala Marks and/or variations and misspellings thereof.

• Impersonate any person or entity or provide false information on the Katala Website or Services, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Katala or any of our Visitors or Users.

• Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Katala or any third party endorses you, your views, or any statement you make.

• Reverse lookup, trace, or seek to trace another Visitor or User of the Katala Website and/or any of our Services, or otherwise interfere with or violate any other Visitor or User’s right to privacy or other rights, or harvest or collect personally identifiable information about Visitors or Users of the Katala Website or Services.

• Disable, circumvent, bypass, or otherwise avoid any measures used to prevent or restrict access to the Katala Website, Services, Content, the account of another User(s), or any other systems or networks connected to the Katala Website and/or any of our Services, by hacking, password mining, or other illegitimate or prohibited means.

• Probe, scan or test the vulnerability of the Katala Website or Services, or any network connected to the Katala Website or Services.

• Upload to the Katala Website and/or any of our Services, or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.

• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Katala Website and/or any of our Services, or the systems or networks connected to the Katala Website and/or any of our Services, or otherwise interfere with or disrupt the operation of the Katala Website or any of our Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.

• Access the Katala Website or Services, User Accounts, or Content, through any means or technology (e.g., scraping and crawling), other than our publicly supported interfaces.

• Sell, licence or exploit for any commercial purposes any use of or access to our Content, Website and any of our Services.

• Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including the copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Katala Website, Services and/or Content.

• Violate, attempt to violate, or otherwise fail to comply with any of the Katala Terms or any laws or requirements applicable to your use of the Katala Website and Services.

• Access or use our Website or any of our Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

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You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account, Subscription Plan(s) you’ve purchased and/or any Services provided to you - with or without further notice to you, and without any refund for amounts paid on account of any such Subscription Plan(s) or Services.​

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3. Katala Membership and Subscriptions

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By entering into this Agreement and by purchasing a Subscription Plan, you acknowledge and agree that the Subscription Plan shall automatically renew in accordance with the following terms.

 

3.1 Membership

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In plain English: To use Katala’s Website and Services you will need to create an account with us. Creating an account is easy and takes just 30 seconds. Remain safe while using Katala and never share your User Account details with anyone else.

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In order to use many aspects of our Website and Services, you will be required to create an account with Katala (“User Account”). Creating an account is free of charge and your User Account will exist until terminated, either by you or by us. To delete your account with Katala, please see the instructions in our FAQs, under the “Membership” tab. To use the Katala Website and/or any of our Services, you must have internet access and a User Account. When creating a User Account you will be prompted to create a password. We strongly recommend you do not share your password, or any other details about your User Account, with anyone else. All actions taken under your User Account will be considered your own.

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3.2 Paid Subscription Plans

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In plain English: Some aspects of our Website and Services cost money, these are the Katala Premium Services. We will let you know how much these services cost before you use them and before we charge your payment method. Our prices are stated in British Pounds Sterling and include taxes unless otherwise stated. If needed, we may request and collect payments and related information from the relevant payment providers and banks. We are happy to offer a 14-day money-back guarantee for all of our Subscription Plans when first purchased. This may be extended according to the law.

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The use of certain aspects of the Katala Website and Services (the “Katala Premium Service”) may be subject to the payment of particular fees (“Subscription Fee(s)”), as determined by Katala in its sole discretion. To access the Katala Premium Service, in addition to having a User Account, you will need to subscribe to one of our Katala Premium plans (“Subscription Plan(s)”) and provide us with a current, valid, accepted method of payment (“Payment Method”).

 

You may purchase a Subscription Plan directly from Katala by (1) paying a Subscription Fee in advance on a monthly, biannual or annual basis until the Subscription Plan is cancelled; or (2) prepayment giving you access to the Katala Premium Service for a specific time period (“Prepaid Period”).

 

Katala may change the Subscription Fee(s), including recurring Subscription Fee(s), and the Prepaid Period (for periods not yet paid) from time to time and will communicate any changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next Subscription Period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Katala Premium Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Subscription Plan(s) prior to the price change going into effect.

 

If you register for a Subscription Plan(s), you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the Katala Premium Service (the “Cooling-off Period”).

 

When you purchase a Subscription Plan(s) you authorise Katala (either directly or through its affiliates or other third parties) to request and collect payments and service fees (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated banking account. Further, you also authorise us to make any inquiries we may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card, or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

 

The prices we charge for our Subscription Plans are listed on our Website under Pricing & Plans. Katala reserves the right to change its Subscription Fees at any time, upon notice to you if such change may affect your existing Subscription Plan(s), and to correct pricing errors that may inadvertently occur. Further, we may offer a number of Subscription Plans, including special promotional Subscription Plans. Some Subscription Plans may have differing conditions and limitations, including without limitation differing Subscription Fees and Prepaid Periods, which will be disclosed at your sign-up to such a Subscription Plan and/or in other communications made available to you. We can provide specific details regarding your Katala Premium Subscription Plan(s) if you contact us. Please note that in doing so we may ask you security questions in order to confirm your identity.

 

All Fees shall be deemed to be in British Pounds Sterling except as specifically stated otherwise in writing by Katala.

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3.3 Katala GCSE Maths Pass Guarantee

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In plain English: Katala offers a GCSE Maths course that comes with a pass guarantee. If your child completes the course and meets all the requirements but doesn’t achieve a passing grade (i.e. a Grade 4, or above) in GCSE Maths, we’ll refund the course fees. To be eligible for the refund, your child needs to; i) score at least 80% on all quizzes and the final course exam; ii) keep an account with an active subscription without interruptions; and iii) follow all our rules. If you’re eligible for a refund, you must request it within 14 days of the exam results being published and provide official proof of the grades. Please note, the refund is only available if your child fails the exam, not if they pass but don’t get their desired grade.

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Katala offers a structured educational programme for GCSE Maths (the “Course”), including, but not limited to, all the materials, quizzes, lessons and other resources we make available through our learning platform to aid students preparing for their GCSE Maths exams (“Student(s)”).

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For Students, and/or their parents/guardians, who purchase and complete the Course with our Pass Guarantee programme (the “Pass Guarantee”), we guarantee that the Student will obtain a mark deemed by the relevant examination body to be a pass (i.e. a Grade 4, or above) in the GCSE Maths exam the Course has prepared them for, provided they meet all the conditions specified in these Terms & Conditions of Use. If the Student meets the conditions required and does not achieve a passing grade, Katala will refund the fees paid for the Course to the original payment method.

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To be eligible for a refund under our Pass Guarantee, the following conditions must be met to our reasonable satisfaction:

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3.3.1 Course Completion
 

The Student must have obtained a score of at least 80% on each of our fourteen (14) unit quizzes and the final Course exam issued via our learning platform. All quizzes and the final Course exam must be completed independently by the Student, with the required scores achieved before they sit their first GCSE Maths exam.

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3.3.2 Active Subscription
 

The Student’s account must have maintained an uninterrupted, active Subscription Plan to Katala continuously from the date of purchase through to the completion of their final GCSE Maths examination. Any lapse in subscription including, but not limited to, payment failures or voluntary pauses and cancellations, will disqualify the Student from the Pass Guarantee unless such lapse is promptly resolved within 48 hours of notification by Katala.

3.3.3 Compliance with Terms
 

The Student, and/or their parent/guardian, must be in full compliance with all other clauses of these Terms & Conditions of Use for the full duration of the Subscription Plan. This includes, but is not limited to, ensuring that no person other than the Student accesses the Course during the full duration of the Subscription Plan.

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3.3.4 Refund Claim Procedure
 

The Student, or their parent/guardian, must notify us by email within fourteen (14) days of the GCSE Maths results being published, expressing their intention to claim a refund. The claim must include one of the following forms of evidence:

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a) A photograph or copy of their official certificate provided by the examination body.

b) A photograph or copy of their official grades printout provided by the examination body.

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Any evidence provided will only be used to verify the Student’s eligibility for a refund and will not be used for any other purpose. The evidence will be securely stored in accordance with our data retention policy.

 

Aside from the refund of fees paid for the relevant Course in accordance with these Terms, Katala shall have no further liability whatsoever. This includes, but is not limited to, indirect or consequential losses, such as costs for retakes, travel expenses, additional study materials or emotional distress, should the student fail to obtain a passing grade in the relevant GCSE Maths exam for any reason. The Pass Guarantee is strictly applicable only if the Student fails to achieve a passing grade (i.e. a Grade 4, or above). No refunds will be granted for Students who pass but do not achieve a higher or target grade.
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3.4 Subscription Auto-Renewals

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In plain English: To make sure you don’t lose your access or experience interruptions while using the Katala Premium Service, at the end of your Subscription Period we’ll automatically renew your Subscription Plan and bill you accordingly, in regular intervals as per the plan’s terms, unless you pause or cancel your Subscription Plan.

 

To ensure you do not experience any interruption or loss of access to our Website and/or Services, unless your Subscription Plan has been purchased for a Prepaid Period, your payment to Katala will automatically renew at the end of the applicable Subscription Period (“Subscription Period”) until either (1) you cancel your Subscription Plan through Katala before the end of the then-current Subscription Period by following the instructions in our FAQs, under the “Membership” tab; or (2) your Subscription Plan reaches the end of the Prepaid Period and is automatically cancelled by us in good faith. Payments will automatically renew for the duration of the term of your Subscription Plan, and, unless you are otherwise notified, at the same Subscription Fee. If your Subscription Plan is automatically cancelled by us as it has reached the end of the Prepaid Period, then you may purchase a Subscription Plan again and regain your access to the Katala Premium Service. Note even if your Subscription Plan is cancelled or expires, you will still have a User Account with Katala and be able to access the free aspects of our Website and/or Services.

 

You may pause your Subscription Plan at any time and for any reason. Doing this will cease any payments you are required to make and temporarily suspend your access to the Katala Premium Service until you unpause your Subscription Plan. You can pause your Subscription Plan by following the instructions in our FAQs, under the “Membership” tab.

 

Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible for verifying and ensuring the successful renewal of your Subscription Plan. Accordingly, you shall be solely responsible with respect to any discontinuation of any Subscription Plans previously purchased by you, including due to a cancellation, or failure to charge the applicable recurring Subscription Fees. You acknowledge and agree that you shall not have any claims against Katala in relation to the discontinuation of the Katala Website and/or any of our Services, for whatever reason.

 

3.5 Payment Methods and Updates

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In plain English: To use the Katala Premium Service, you need to provide us with a valid Payment Method which you authorise us to automatically charge for any Subscription Fees you owe.

 

To use the Katala Premium Service you must provide one or more Payment Methods. You authorise us to, where applicable, attempt to automatically charge you the applicable Subscription Fees using any Payment Method(s) you have provided us with. In the event of failure to collect the Subscription Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your User Account, without further notice. 

 

We may update your Payment Methods using information provided by any payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s).

 

3.6 Cancellation and Refunds

 

In plain English: You may cancel your Subscription Plan and access to the Katala Premium Service at any time and for any reason. Once we process your cancellation request, we will not charge you for any additional subscription renewals. If you violate any of these Terms or fail to make timely payments, we may suspend or cancel your account.

 

You may cancel your Subscription Plan at any time and for any reason. If you purchased your Subscription Plan and cancel your payment, and/or terminate any of the Agreements (1) after the Cooling-off Period is over (where applicable), or (2) before the end of the current Subscription Period, we will not refund any Subscription Fees already paid to us. If you wish to receive a full refund of all monies paid to Katala before the Cooling-off Period is over, you must cancel your subscription. When we process any refund, we will refund amounts using the method you used for payment. Refunds can take 5-10 business days to reach your account.

 

3.6.1 Cancellation by User

 

You can cancel your Subscription Plan at any time, and you will continue to have access to the Katala Premium Service until the end of your then-current Subscription Period. Payments prior to your cancellation are non-refundable and we do not provide refunds or credits for any partial Subscription Periods, or any unwatched or unused Katala Content or Services.

 

The effective date and time for such cancellation shall be the date and time on which the cancellation process was completed, and the effective date for cancellation of your Subscription Plan shall be at the end of such Subscription Plan’s Subscription Period. Please note, as the cancellation process may take 4-6 days to complete, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least seven (7) days prior to the expiration of the then-current Subscription Period. You must ensure that the cancellation is successful by receiving a confirmation email at the email address linked to your account. If you do not receive this email, it is your responsibility to check your spam folders and contact us immediately. Without confirmation of your cancellation, your subscription will remain active and your payment method will continue to be charged. Katala is not liable to refund any payments made prior to receiving notification of any issues with the cancellation process.

 

3.6.2 Cancellation by Katala

 

Failure to comply with any of the Katala Terms and/or failure to pay any due Subscription Fees shall entitle Katala to suspend (until full payment is made) or delete your User Account and revoke your access to the Katala Premium Services (or certain features thereof), as well as the provision of any related Katala Services to you, with or without any prior warning to you.

 

Katala reserves the right to terminate your account at any time and without warning, regardless of how long you have been a member, the status of your Subscription Fee payments or how close the GCSE Maths exam dates are. In this instance, you will lose all access to the member-only and Katala Premium aspects of our Website and Services, and any applicable Subscription Payments for our Katala Premium Service will be cancelled immediately. Further, you will be banned from creating any additional accounts with Katala in the future.

 

4. Privacy

 

In plain English: We deeply value your privacy, and you should too. Please read our Privacy Policy to learn more about our practices concerning personal information.

 

Certain parts of the Katala Website and Services (including certain Third Party Services supporting the running and maintenance of our Website and Services) require or involve the submission, collection, and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Katala Website and any of our Services, Katala and such Third Party Services may collect, access, and use certain data pertaining to our Visitors and Users, including activities or navigation undertaken by Visitors and/or Users while using the Katala Website and/or Services. We strongly encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

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If you read and fully understand our Privacy Policy, or the Privacy Policy of any Third Party Services, and remain opposed to our practices, you must immediately leave this Website and avoid or discontinue all use of any of our Services.

 

5. Content and Copyrights

 

5.1 Our Intellectual Property

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In plain English: We own all rights in and to our Content, Services, Data, Technology, Website, and Features. Wix.com and its affiliated partners worldwide may handle our Content in order to provide you with our Website and Services. You may use our Website, Services, and Content provided you fully comply with these Terms and ensure full and timely payments as required for any Subscription Plans.

 

All rights, title and interest in and to the Katala Website and Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, documents, music, and all Intellectual Property Rights related thereto) and any derivations thereof (“Content”, “Licensed Content”), are owned by and/or licensed to Katala, and are the exclusive property of Katala.

 

Subject to your full compliance with the Katala Terms and timely payment of all applicable Subscription Fees, Katala hereby grants you, upon creating your User Account, purchasing a Subscription Plan, and for as long as Katala wishes to provide you with the Katala Website and any of our Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited licence to use the Katala Website, and/or any of our Services, and/or our Licensed Content, for the purpose of learning and revising GCSE Mathematics, solely as permitted under the Katala Terms and solely within the Katala Website and Services.

 

The Katala Terms do not convey any right or interest in or to Katala’s Intellectual Property (or any part thereof), except only for the limited licence expressly granted above. Nothing in the Katala Terms constitutes an assignment or waiver of Katala’s Intellectual Property rights under any law. You agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Katala Website, our Services, or any of our Content.

 

You recognize and agree that by uploading any content (including, but not limited to posts, comments, images, messages and text) to the website or by sending it directly to us, both by any means, you own all the relevant rights or received the appropriate licence to upload, transfer, and send the content. You agree and consent that the uploaded and transferred content may be publicly displayed on the website.

 

5.2 Feedback and suggestions

 

In plain English: We welcome any form of feedback or suggestions. If you do provide us with any, please make sure that it is accurate and legal.

 

If you provide us with any suggestions, comments or other feedback relating to the Katala Website and/or any of our Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Katala.

 

By providing such Feedback to Katala, you acknowledge and agree that it may be used by Katala in order to (1) further develop, customise and improve the Katala Website and/or Services; (2) provide ongoing assistance and technical support; (3) contact you with general or personalised Katala-related notices and/or interview requests based on your feedback or otherwise; (4) facilitate, sponsor and offer certain promotions, and monitor performance; (5) to create aggregated statistical data and other aggregated and/or inferred information, which Katala may use to provide and improve its services; (6) to enhance Katala data security and fraud prevention capabilities; and (7) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Katala any right, title and interest you may have in such Feedback; and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

 

6. Third Party Applications and Services

 

In plain English: We rely on Third Party Services to deliver our Website and Services to you. Our use of these Third Party Services is governed by their terms and conditions, and privacy policies.

 

The Katala Website and Services are integrated with and may otherwise interact with third party applications, websites and services (“Third Party Services”) to make the Katala Website and Services available to you. These Third Party Services may have their own terms and conditions of use and privacy policies, and our use of these Third Party Services is governed by and subject to such terms and conditions and privacy policies. You understand and agree that Katala does not endorse and is not responsible or liable for the behaviour, features or content of any Third Party Services, nor does Katala warrant the compatibility or continuing compatibility of the Third Party Services with the Katala Website and Services.

 

7. Service Access, Limitation, and Modification

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In plain English: We will make reasonable efforts to keep the Katala Website and Services available to you at all times, but you acknowledge this might not always be possible. If we permanently discontinue any of our Subscription Plans, you may be eligible for a refund.

 

Katala will make reasonable efforts to keep the Katala Website and Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Katala reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Katala Website and Services, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons at our sole discretion.

 

Notwithstanding the foregoing, if you have prepaid Subscription Fees to Katala for a Subscription Plan that Katala permanently discontinues prior to the end of the Prepaid Period (defined in Section 3: “Katala Membership and Subscriptions”), Katala will refund you the prepaid Subscription Fees for the Prepaid Period after such discontinuation in a manner proportional to the number of months left in the Prepaid Period. Katala may, from time to time, remove Content and make changes to our Website and Services without notice. This section will be enforced to the extent permissible by applicable law.

 

8. General

 

8.1 Changes and Updates

 

In plain English: We may make changes to the Katala Website and/or any of our Services, or to these Terms, at any time and without prior notice to you.

 

We reserve the right to change, suspend, or terminate the Katala Website and any of our Services (or prices application thereto), and/or cancel your access to the Katala Website and any of our Services for any reason and/or change any of the Katala Terms with or without prior notice at any time and in any manner.

 

You agree that Katala will not be liable to you or to any third party for any modification, suspension or discontinuance of the Katala Website or any of the Katala Services. Further, you acknowledge that we may permanently or temporarily terminate or suspend access to our Website and/or any of our Services without notice and liability for any reason, or for no reason.

 

In some cases, we will notify you in advance, and your continued use of our Website and/or any of our Services after the changes have been made will constitute your acceptance of the changes. Please, therefore, make sure you read any such notice carefully and regularly check this page for updates to these Terms. If you do not wish to continue using our Website and/or any of our Services under the new version of the Katala Terms, you may terminate your account by contacting us.

 

8.2 Governing Law and Jurisdiction; Class Action Waiver

 

In plain English: These Terms and our relationship shall be governed by the laws of England and Wales. Any disputes between us may only be brought before the courts of England and Wales in London, England.

 

The Katala Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Katala Website and Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Katala Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of England and Wales, without respect to its conflict of laws principles.

 

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by the courts of England and Wales in London, England. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Subject to any applicable law, all disputes between you and Katala shall only be resolved on an individual basis and you shall not have the right to bring any claim against Katala as a plaintiff or class member in any purported class or representative action. Unless both you and Katala agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

 

8.3 Notices

 

In plain English: We may provide you with notices via our Website, any of our Services, email, social media or through any other contact means you provide us.

 

We may provide you with notices via any of the following methods: (1) via the Katala Website and/or any of our Services, (2) by email, sent to the email address associated with your User Account, (3) via our social media pages, and (4) through any other means. Katala’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

 

8.4 Relationship

 

In plain English: Accepting these Terms does not form a partnership or any special relationship between us.

 

The Katala Terms, and your use of the Katala Website and/or any of our Services, do not, and shall not be construed to create any partnership, or any special relationship, between Katala and you.

 

8.5 Assignment

 

In plain English: We may assign our rights and obligations to other parties. You may only do so with our prior written consent.

 

Katala may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Katala Website, Services, and/or Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Katala. Any attempted or actual assignment thereof without Katala’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this shall not in itself grant either Katala or you the right to cancel any Katala Services or Third Party Services then in effect.

 

8.6 Indemnity

 

In plain English: If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.

 

You agree to defend, indemnify and hold harmless Katala, its officers, its directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from; (1) your violation on any term of these Terms & Conditions of Use or any other Katala Terms, (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your use of the Katala Website and/or Services; and/or (3) any other type of claim that your User Account and/or User Content caused damage to a third party.

 

8.7 Limitation of Liability

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In plain English: Subject to applicable law, we will not be liable for any damages.

 

To the fullest extent permitted by law in each applicable jurisdiction, Katala its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any Content; (2) any personal injury or property damage related to your use of the Katala Website and/or Services; (3) any unauthorised access to or use of the Wix.com servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Katala Website and Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Katala Website and/or Services; (6) events beyond the reasonable control of Katala, including any internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, pandemics, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of the Katala Website and/or Services.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for the Katala Website and Services to you, and such limitations will apply even if Katala has been advised of the possibility of such liabilities.

 

8.8 Entire Agreement

 

In plain English: These Terms (together with additional Terms) shall constitute the sole and entire agreement between us.

 

These Terms & Conditions of Use, together with the Katala Terms, the Katala Privacy Policy and any other legal or fee notices provided to you by Katala, shall constitute the entire agreement between you and Katala concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Katala and you, including those made by or between any of our respective representatives, with respect to the Katala Website and/or any of the Katala Services.

 

8.9 Disclaimer of Warranties

 

In plain English: We make no warranties regarding our Website or any of our Services, including their quality, reliability, security, compatibility, accuracy, and conditions. We may monitor, edit, and remove your User Content from our Website and Services. We are not to be considered a “publisher” of your User Content, we do not endorse your User Content, and will not be liable for any content used by you or anyone else. There are risks in using our Website and Services, or anyone else’s website and services. You accept such risks. Some aspects of our Website and Services, especially when in BETA, may contain bugs and experience interruptions.

 

We provide you with the Katala Website and Services on an “As Is”, “with all faults”, and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions to the fullest extent permitted by law. We specifically do not represent or warrant that the Katala Website and/or any of our Services (or any part, feature, or Content thereof) are complete, accurate, of a certain quality, reliable or secure in any way, suitable for any of your contemplated activities, devices, operating systems, browsers (or that they will remain as such at any time), or comply with any laws applicable to you, or that your operation of our Website and/or any of our Services will be free of any viruses, bugs, or other harmful components or program limitations.

 

Katala may, at its sole discretion (however it shall have no obligation to do so), screen, monitor, and/or edit any User Content, at any time and for any reason, with or without notice.

 

Notwithstanding anything to the contrary in the foregoing, under no circumstances may Katala be considered as a “publisher” of any of its Users’ Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or otherwise made available by any User. Furthermore, Katala shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

 

You acknowledge that there are risks in using the Katala Website and Services, and that Katala cannot and does not guarantee any specific outcomes from such use and/or interactions. You hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use.

 

Please note that certain aspects of the Katala Website and Services are offered in their BETA version, and undergoing BETA testing. You understand and agree that certain aspects of the Katala Website and/or Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Katala Website and/or Services at this BETA stage signifies your agreement to participate in such Katala BETA testing.

 

8.10 Severability, Waivers, and Interpretation

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In plain English: These Terms are independent of each other, in case any of them is found invalid. The sections subtitled “In plain English”, such as this section, are only for clarity. The rest of the document is legally binding. Translated (non-English) versions of these terms are for convenience only.

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If any provision of the Katala Terms is deemed by a court or competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No waiver of any breach or default of any of the Katala Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

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Any heading, caption, or section title contained herein, and any explanation or summary under the “In plain English” sections, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

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These Terms & Conditions of Use were written in English. You may translate the Katala Terms into other languages for your convenience, however, if a translated (non-English) version of these Terms conflicts in any way with their English version, the provisions of the English version shall prevail.

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9. Customer Support and Contacting Us

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In plain English: Have any questions or queries? We would love to hear from you.

 

If you have any questions about these Terms & Conditions of Use, our Privacy Policy or require support, please contact us using the details below.

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Email: support@katala.co.uk